In a decisive ruling, Magistrate Rachel Montebello has affirmed the critical necessity of expert Jeremy Harbinson’s testimony in ongoing legal proceedings. Citing Harbinson’s pivotal role as the primary author of the comprehensive report underlying the charges against several individuals, Magistrate Montebello emphasized that his testimony is essential for advancing the case.
Jeremy Harbinson
Despite the importance of his input, Harbinson’s voluntary travel to Malta for in-person testimony appears highly unlikely. Furthermore, he has not complied with a previous court order, issued last January, to provide documentation justifying his inability to travel to Malta.
Dr. Rachel Montebello
Magistrate Montebello stressed the paramount importance of resolving criminal proceedings in an effective, efficient, and timely manner to serve the interests of both the accused and society. This objective would be jeopardized if proceedings were stalled due to an unavailable witness.
Given Harbinson’s reluctance to travel, the Court is committed to ensuring his testimony is delivered in the presence of the accused through all feasible means. At this juncture, the Court identified letters rogatory as the most viable solution to secure Harbinson’s testimony promptly and to prevent undue delays. This approach involves requesting the UK judicial authorities to arrange for Harbinson to testify via direct audio-visual link from the UK to the Maltese Court, with the accused present.
While recognizing that letters rogatory represent an extraordinary measure and a deviation from the norm that witnesses testify “in court and viva voce,” the Court asserted that obtaining Harbinson’s testimony in this manner would not disadvantage the defence.
Consequently, Magistrate Montebello mandated that the Attorney General dispatch the letter rogatory for legal assistance to the appropriate UK authorities, ensuring Harbinson’s remote testimony can proceed seamlessly.
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The witnesses will speak. The case will not drop. Your hope for criminals to escape justice will turn into a nightmare the day they are convicted. Soon enough the long arm of the law will reach you as well.