Magistrate says enough evidence on Schembri, Tonna for criminal investigation – Busuttil

Magistrate Aaron Bugeja has ruled that there is enough evidence to warrant a criminal investigation into OPM chief of staff Keith Schembri and Brian Tonna, a consultant to PM Joseph Muscat and the owner of Nexia BT. This was announced by Leader of the Oppositon Simon Busuttil yesterday evening.

The evidence collected during the magisterial inquiry was provided after Dr Busuttil claimed that he held documents showing that that Mr Tonna had received €166,800 for the sale of Maltese citizenship to three Russians. The funds were passed on to an account at Pilatus Bank belonging to Mr Tonna’s British Virgin Island company – Willerby Trade Inc – he said.

Dr Busuttil alleged that two equal payments of €50,000 had been passed passed on to Mr Schembri’s Pilatus bank account.

Mr Schembri and Mr Tonna had said that the latter was repaying Mr Schembri for a loan he had been given when he was in process of separation a few years ago; a claim the Opposition leader labelled “ridiculous.”

“As if Brian Tonna would need someone to loan him €100,000.”

The PN leader said that the Magistrate had said that there is enough evidence to investigate the pair for money laundering.

Dr Busuttil once again repeated that the Prime Minister is guilty by association since his chief of staff – “his right hand man”– is involved with such serious claims.

The Prime Minister had previously said that he believed Mr Schembri’s version.

Turning to the general election on 3 June, Dr Busuttil said that this meant that it was no longer a normal election, but an extraordinary one, whereby it meant that the people had to choose between a man who is drowning under the weight of his scandals, and Malta.

OPM chief of staff Keith Schembri will not resign according to his lawyers, who insist that the court decree delivered earlier yesterday only states that a separate magistrate should handle the Keith Schembri allegations as they have nothing to do with the original inquiry’s scope.

In a press conference in front of the law courts yesterday evening, Dr Edward Gatt and Dr Paul Lia (Keith Schembri’s lawyers) said that the Prime Minister had called an inquiry to determine the allegations regarding Egrant and the accusations that it is owned by his wife. “That request was met and the inquiry began. We know that the magistrate is gathering the information and has heard testimony.”

“Dr Busuttil made certain allegations and asked the magistrate to hear him out. The magistrate accepted. Subsequently, the court conducting this inquiry made a decree, asking Keith Schembri to provide his response regarding what had been alleged by Dr Busuttil. Keith Schembri did this, and said that Dr Busuttil’s allegations did not have anything to do with Egrant and that he found no problem with the same magistrate hearing this case.”

“The magistrate yesterday gave a decree, saying that he could not continue to hear the allegations made by Dr Busuttil as they have nothing to do with the original allegations and said that it should be looked into by another magistrate.”

“Such a decree can be appealed before the criminal courts. After we spoke with our client, he does not want to contest this, but wants to continue along with the magistrate’s decree.”

He said that this is not an investigation but an inquiry in genere. “An inquiry is that the magistrate conducting this exercise preserves the evidence found, which can either be presented by people or be requested by the magistrate. Once the magistrate ends the inquiry, and has heard everything, he can then pass on his findings to the Attorney General.”

Dr Gatt said that the magistrate did not say there was a case for investigation. “The magistrate said that the allegations made through the request (of Simon Busuttil) do not have anything to do with the current inquiry, and so someone else will hear it.”

He stressed that all the magistrate is saying through this decree is that it has nothing to do with Egrant.

Nexia BT director Brian Tonna also reacted to the magistrate’s decree, saying the accusations against him are “without basis.”

“The reports to the effect that the magistrate found sufficient evidence for a criminal investigation to be launched in my and Mr Schembri’s regard are false and incorrect. The magistrate did not evaluate any evidence, let alone make any factual finding, not even a preliminary one. Rather, the magistrate found simply that the allegations are such that, if proved, can lead to the conclusion that an offence or offences have been committed.

“This is a very different determination to the one as reported, which is intended to convey the message that the magistrate weighed the evidence and drew conclusions from it. This is simply not the case.

“For the record, I categorically deny the accusations of corruption and money laundering levelled against me. They are entirely without basis in fact, “Mr Tonna said.

Government reaction

A statement issued by the Office of the Prime Minster states that, “the Leader of the Opposition has requested that the courts investigate before the magisterial inquiry was decided, which has nothing to do with allegations involving the Prime Minister and his family in relation to Egrant.”

“The magistrate that is hearing the inquiry will not continue to listen to allegations of Dr Simon Busuttil with regard to Keith Schembri, and this is why one needs to see if this report should be heard by another magistrate.”