Another 290 days needed to unlock Muscat’s phone, expert testifies

Court expert Keith Cutajar explained it will take (another) 290 days to finish the unlocking process of Joseph Muscat’s mobile

11:05 | The prosecution notes that the list of today’s witnesses is already concluded, a damning shortcoming that highlights a distinct lack of preparation.

The next hearings are scheduled for 8 January from 10:30 and 14 January from 10:00.

Magistrate Rachel Montebello leaves the hall. We’re done here. Thanks for following!


11:00 | E-money representative Kevin Causon testifies now.

The prosecution asks the witness to bring forth all relevant evidence that he was asked to bring, and says that he was not asked to bring anything with him.

He only says that he came to testify about Joseph Muscat opening a bank account at this dubious financial institution. His testimony is immediately suspended until he actually submits the relevant documentation.

The next witness, Julian Curmi, a representative for Trust Payments, was asked to bring documentation about Winzon Ltd, a company that provides gambling services.

David Meli – who incidentally isn’t present today – has a business relationship with this company, which is why it is relevant in this context. Curmi provides documentation which notes Meli serves as director on this company’s board, and steps off the stand.


10:55 | Fexserv representative Laura Saydon is the next witness.

The prosecution brought this witness to testify about bank statements from Konrad Mizzi, who has an account with Fexserv that amounts to €2,325. The documentation is submitted accordingly.

Technoline also had an account at this same financial institution, with the witness noting that all transactions carried out by Technoline through Fexserv had to go through court approval first.

The defence interjects to ask about the relevance of the evidence submitted by the witness, but the court allows the testimony to go ahead anyway.

Saydon notes that another individual, Mario Gatt, had used their services for currency conversion.

The witness steps off the stand.


10:50 | Lead prosecutor Francesco Refalo notes that the witnesses that they were to summon representatives from the evaluation committee which led to the implementation of the inquiry – Manuel Castagna, Robert Borg, and James Camenzuli.

Though they were the ones who summoned them to testify today, they are now asking the court to further regulate their position.

This is likely because of the fact that Castagna, Borg, and Camenzuli are also among the accused who appear in front of magistrate Leonard Caruana – Chris Fearne and the others.

The accused would be risking incriminating themselves on the witness stand, making their testimonies unlikely.

It is unclear whether this was an oversight from the prosecution or whether there were any other reasons for these delays. Their next desired witness on the list also faces a hurdle – the tax commissioner was not actually notified to appear for today’s hearing, and the court pointedly tells the prosecution to do so for the next hearing.


10:45 | The money laundering reporting officer (MLRO) of Moneywise takes the stand. She was previously asked to bring copies of Keith Schembri’s portfolio at the bank. She also submits the accounts statement for Schembri’s account at the bank.

She submits another set of documents in relation to co-accused Christopher Spiteri, the former auditor for Vitals Global Healthcare and Steward Healthcare). The Moneywise MLRO submits all bank documentation belonging to Spiteri as evidence, including source of wealth documentation.


10:40 | Martin Bajada, the next witness, is speaking in a low voice that is barely audible.

It seems like he’s talking about a delay in relation the extraction from one of the electronic devices that was seized and how he is waiting for a request to go through the court services agency. Bajada steps off the stand.


10:30 | At the prosecution’s request, the next witness, court expert Keith Cutajar, explains that he was asked to continue the extraction process of one piece of evidence – a phone that belonged to Joseph Muscat.

The analysis process, which was already ongoing when Cutajar was appointed, is taking 23 days and counting to force open.

The phone is being unlocked using a brute force technique that is commonly used to break into a passcode-blocked phone when the individual who owns it is not willing to cooperate with the police.

“The current estimate is that it will take 290 days to finish this unlocking process as it must exhaust all possible combinations (for the passcode)”, Cutajar explains.

The expert explains that all the material gathered from this process will be submitted accordingly in a report he will compile for the court’s benefit, and steps off the stand.


10:20 | The prosecution summons its first witness: court registrar Margaret Spiteri. She was asked to bring court filings from the case of Adrian Delia v The State et al, and the prosecution requests the court to admit the acts of the case as part of the acts of inquiry.

Defence lawyer Stephen Tonna Lowell is questioning the relevance of the admission of these documents which the prosecution just added to the acts of the inquiry.

Magistrate Rachel Montebello weighs in on the request, and says that it is entirely within the court’s discretion to decide on the admissibility of the prosecution’s decision.

The magistrate takes note of what both parties stated, declaring that the evidence which was brought forward does not need to be subjected to the scrutiny of the defence at this stage.


10:15 | Good Morning, live from Hall 22. The compilation of evidence against disgraced former prime minister Joseph Muscat and his associates and colleagues continues. Magistrate Rachel Montebello does the roll call.

The prosecution informs the court that one of the witnesses who was scheduled to testify today is stuck in traffic – story of everyone’s life this morning, it seems. Defence lawyer Giannella de Marco also notifies the court that David Meli, one of the accused, is unable to attend due to illness.