https://www.independent.com.mt/articles/2025-07-23/local-news/Enough-evidence-for-lawyer-Aron-Mifsud-Bonnici-to-stand-trial-in-money-laundering-case-6736271872

The court has found that there is enough prima facie evidence for Aron Mifsud Bonnici to stand trial in the ongoing money laundering proceedings against him.

Magistrate Leonard Caruana decided there is a case to be heard against the accused in a decree on Wednesday.

A prima facie decree signifies a preliminary finding by a court that there is sufficient evidence to suggest that a crime has been committed and that the accused is likely involved. This doesn't mean the accused is guilty, but rather that there's enough evidence to warrant a full trial.

Micheal DeBrincat, an accountant from the Malta Tax and Customs Administration, testified on Wednesday and presented a tax analysis report compiled by him following a request from the executive police.

He explained the report and referred to Mifsud Bonnici's income tax return declaration, mentioning that he had made some adjustments in certain years. He also referred to the lawyer's late tax filings over a period of time.

He explained how the report distinguished between deposits from employment income, cheques and from other sources of income.

Prosecuting lawyer Rebekah Borg asked the witness how the office reacts to adjustments and substantial amounts being paid later on. However, the defence objected to this question and argued that it should be made to the commissioner, not to an accountant whose main role was to solely to prepare a report.

During cross-examination, lawyer Giannella DeMarco confirmed that Mifsud Bonnici is self employed and self-employed workers normally carry out a self-assessment. "Isn't it right that individuals who carry out a self-assessment and later notice a mistake or a miscalculation, can simply adjust the amounts earned, just like Mifsud Bonnici did?". The witness confirmed so.

This point was raised in the previous sitting, with the laywers arguing that Mifsud Bonnici had merely identified errors in his tax return and corrected them-an action permitted to anyone.

The lawyers said that the adjustments were made voluntarily and well before Mifsud Bonnici was ever questioned or arrested.

Such a situation encourages people not to adjust their tax returns out of fear of facing such proceedings and risk leaving their returns as is, since they will be prosecuted anyway.

Regarding the late filings, the witness said a fine is usually imposed. He confirmed that these were paid by the accused.

Defence challenges freezing order

A €1.6 million freezing order imposed in an earlier sitting referred to the amount in declared turnover and not the actual amount that was tax due, the defence argued.

The actual tax owed was significantly less and was paid in full, along with any other additional interest and penalties. A technical report by an accountant confirmed this and showed there were no pending dues with the tax authorities. The self-assessment was corrected lawfully and in time, as permitted by law, and accepted by the Commissioner for Tax.

DeMarco said that the court must be told how the amount was calculated to make sure that it is not based on suspicion but on clear facts. She referenced case law, noting that confiscation or freezing must be based on proven links to criminal activity, not assumptions.

The funds in question came from legitimate employment and there were no suspicious transactions revoked. "The freezing order is unjustified and should be revoked", she said.

Prosecutor Andrea Zammit, on the other hand, insisted that the freezing order should be confirmed in full.

The court will issue a decree in camera on whether to revoke or uphold the previous court's decision to issue the freezing order.

The defence team was composed of lawyers Stefano Filletti, Giannella DeMarco and Stephen Tonna Lowell.

The prosecution was led by Inspector Matthew Grech and Attorney General lawyers Rebekah Gatt and Andrea Zammit.

The case will resume on 17 September. The cases were presided over by Magistrate Leonard Caruana and Judge Natasha Galea Sciberras