17 Black: Harbinson Forensics liquidator says company was liquidated because it ‘ceased trading’
The liquidator of Harbinson’s Forensic Limited, Dorothy Brown, told a court she acted solely on Jeremy Harbinson’s instructions when liquidating the company and that it was liquidated because it “ceased trading”.
This came during the proceedings against former chief-of-staff Keith Schembri, former minister Konrad Mizzi and businessman Yorgen Fenech, amongst others who stand accused with various criminal offences linked to the controversial Electrogas power station project.
The witness confirmed she had been approached by Harbinson to initiate the liquidation of the company in October 2024 and that she acted entirely at Harbinson’s behest.
She also confirmed that she last contacted Harbinson in February and communicated with him both through email and phone calls. Harbinson was the one that reached out but she claimed not to remember the phone number that had been used. She also confirmed to be aware that Harbinson is being tracked by Interpol.
Brown testified she had no direct knowledge of any payments, operations or clients of the company even though she liquidated the company.
She testified the only document she had seen was the final set of the company’s accounts, when the company was not actively trading. She stated that she did not retain or preserve any company-related documentation and had no possession of private or professional records linked to the company. She told Harbinson to retain them himself.
She further confirmed that the registered residential address of the company was a private home and not an office.
It was further confirmed in court that approximately €91,971 was available for distribution during liquidation and that these funds were paid to Harbinson and his wife. The witness did not inform the court of liquidation.
When questioned on the reasons behind the decision to liquidate the company, the explanation given was that the company had “ceased trading”. The defence questioned this reply, stating that the company had received around €11 million, solely from the Maltese courts.
The defence further questioned how a company that had received such substantial funds could simply cease trading, particularly when it appeared to have been a highly active and profitable operation. The defence questioned that the Maltese courts were definitely not the company’s only client, since the company was engaged years ago and had only ceased operating recently. The witness repeated that she had no other knowledge of the company’s operations or the true reason behind the liquidation.
Forensic specialist testimony
A senior Europol forensic specialist testified remotely from Belgium. The defence requested clearer visibility of his surroundings during the testimony.
The witness said he had worked as a forensic specialist since 2009 and was employed by Europol as a senior laboratory specialist at the time of the investigation. He confirmed he was formally appointed by a Maltese magistrate in November 2019 to assist local authorities.
His role involved supporting Maltese police during searches, identifying physical and digital evidence, and ensuring proper transfer of exhibits to Europol. He confirmed authorship of his handwritten notes documenting dates and times of searches at three locations: a boat, an apartment, and an office. Local authorities conducted all searches, with inspectors present throughout.
From the boat, a MacBook and an iPhone XS Max were seized and transferred to him using continuity papers to preserve the chain of custody. Additional devices were collected from the apartment under the same procedures. The devices were then handed over to Europol headquarters in the Netherlands, where they were handed to a colleague responsible for preservation and data extraction.
Under cross-examination, the witness confirmed he no longer works for Europol.
Defence lawyer Charles Mercieca raised concerns about the witness violating Europol’s code of conduct, which restricts employees taking instructions from national authorities. The witness stated he acted within the code, explaining that his instructions to cooperate with the Maltese magistrate came from the head of Europol’s forensic lab and that he did not believe any conflict existed.
The prosecution is being led by Inspector Brian Camilleri and superintendent Jonathan Ransley with the assistance of AG lawyers Gary Cauchi and Nicole Sladden.
Lawyer Charles Mercieca is appearing for Yorgen Fenech.
Lawyers Edward Gatt and Shaun Zammit are appearing for Keith Schembri. Professor Stefano Filletti is appearing for Konrad Mizzi.
Lawyers Gianella De Marco and Kathleen Grima are appearing for Paul Apap Bologna.
Lawyer Stephen Tonna Lowell are appearing for Karl Cini, Brian Tonna and Mario Pullicino.
Magistrate Lara Lanfranco is presiding over the case.
RSS Feed Source: Independent Malta 17 Black: Harbinson Forensics liquidator says company was liquidated because it ‘ceased trading’