Murder on the Malta Express

by Carlo Bonini

  We therefore request that instead of referring to a series of unsubstantiated and libellous, defamatory allegations, you ask direct questions that we can answer equally directly. This is a prerequisite for us to be able to respond adequately.

  In the past we have been more than happy to engage with the international media consortium that investigated the tragic circumstances of Daphne Caruana Galizia’s death. They were always strictly professional, giving us full details of whom they worked for, but also where any pieces they wrote would be published.

  In the case of this engagement, assuming that you are part of the same international media consortium, we would be grateful for the same professional courtesy. We note that you appear to have contacted the Chairman of Henley & Partners through his personal website only and at a (very) late stage, and have only given a week to respond in circumstances where the book has presumably been written over an extended period of time and where it would have been possible to contact us at a far earlier stage to ask any questions that you may have regarding Henley & Partners and/or Dr Christian Kälin. As you will be aware, this is far from best journalistic practice should you wish to be objective in your analysis and conclusions.

  We therefore request the following information so that we can engage with you in good faith. As soon as possible, please provide us with details of any print deadline, the publisher, the co-authors, where the book is to be published, and in what medium.

  We make these requests in order to try to prevent any possible misunderstanding (whether caused by other false and misleading reports, or otherwise), and to support more balanced reporting on the subject at hand, while at the same time reducing your own possible legal exposure. You should be aware that, if required to do so, we will protect our reputation against the publication of any false and damaging allegations to the full extent of the law. We hope that by entering into a constructive dialogue no such action becomes necessary.

  Please understand that while we fully support and believe in open, in-depth, and serious journalistic work, we also have a legal right to object to false or misleading reporting in order to protect our good name and reputation.

  We hope that by providing these responses we can contribute to an objective, factually correct, and balanced report in this instance. We remain open to receiving further questions should you need more information or details or if anything remains unclear.

  Kind regards

  Paddy Blewer

  Group Public Relations Director

  Henley & Partners UK Ltd

  ALEXANDER NIX

  This was the response received from Alexander Nix:

  I am very sorry about the death of Daphne Caruana Galizia in Malta in 2017; it was a tragedy that never should have happened. That said, it is wrong of you to try and connect me, or SCL/Cambridge Analytica, in anyway whatsoever with her assassination.

  Your letter to me is premised on false allegations and mis-reporting, the majority of which has been investigated and proven to be untrue. Specifically;

  As I explained to the UK Parliamentary Select Committee, I (or any of my former companies) have not had any involvement with Mr Kälin or Henley & Partners for almost a decade.

  Neither I personally, nor SCL/Cambridge Analytica, have ever undertaken any work in Malta. This includes political campaigning or electioneering in any form for any political party. This position was corroborated directly by the High Commissionaire of Malta and by the Chelgate PR company (acting on behalf of the Government of Malta).

  Political campaigning is a legitimate business undertaken by companies all over the world. There is nothing illegal or unlawful about working in political campaigning. To suggest otherwise, especially in the absence of any evidence of wrongdoing, is defamatory.

  The tragic death of my very good friend and colleague, Dan Muresan, in Kenya was thoroughly investigated at the time by the local police and the Romanian Embassy (Dan was a Romanian National) and there was no suggestion that his death was anything other than a terrible accident. In the independent report following an investigation into SCL/CA, Julian Malins, QC concluded, ‘His death was certainly unexpected, but I have found nothing in the circumstances to suggest that he was murdered. None of those closely involved at the time (the police and family and embassy staff) thought that he was murdered. The autopsy findings did not suggest murder. His death was in fact the kind of very sad event that can happen to a young man on a Saturday night, who has been drinking. To suggest to the world’s press that he was murdered was an irresponsible act, no doubt causing pain to his loved ones.’

  I reiterate, that I am very sorry about the death of Daphne Caruana Galizia, but any attempt to connect me with events surrounding this tragedy will be met in the strongest terms, where all my rights are reserved in this matter.

  Kind regards,

  Alexander Nix

  cc:

  Alex Deal, Esq. – Messrs RIAA Barker Gillette (UK) LLP

  Vinay Verma, Esq. – Messrs RIAA Barker Gillette (UK) LLP

  THE DIRECTORS OF PILATUS BANK

  We wrote to the lawyers who represented the Directors of Pilatus Bank in a court case seeking damages from the government following the bank’s closure. This was their response:

  I write with reference to your earlier email in relation to the upcoming publication of a book which will feature Pilatus Bank.

  We started representing the interests of the directors of Pilatus Bank on the 5th of April 2018 following the administrative actions taken by the MFSA against the Bank and its Board of Directors – namely the directives issued on the 21st and 22ndof March 2018. In this regard, our involvement has been limited to seeking out those remedies afforded by law to a party that feels aggrieved by an administrative action. The actions that we, as a law firm, have taken in the interests of our client are in the public domain. Consequently, we are unable to provide any comments or statements in relation to the allegations listed in your email since we had not yet commenced representing our clients at the time that the alleged activities concerned, we were not engaged to assist or advise with any matters related to the listed allegations and we are unaware of the facts and circumstances related to and connected with the said allegations.

  Whilst wishing you the best of success with the upcoming publication, do not hesitate to contact the undersigned should you require.

  Regards,

  Jonathan Thompson

  DF Advocates

  Partner

  BRIAN TONNA

  We received the following from Brian Tonna:

  I have already replied to the allegation that I am ‘aware and have sought to conceal the ownership of Egrant Inc’ and, without having had sight of the actual text that you intend to publish, I can only refer you to the facts as I have set them out, and deny the allegation.

  I also deny, more broadly, the implication of wrongdoing, both from a legal and also from a conduct perspective in all the instances you refer to in your email below.

  Finally I would remind you that I co-operated to the fullest extent with all official inquiries and investigations that have taken place, and in relation to the entity Egrant Inc, of the conclusions reached in those processes.

  Additionally I must reserve my position, my rights, and my remedies at law in relation to any reference to myself in your upcoming publication.

  Brian Tonna

  KARL CINI

  An almost identical response was sent by Karl Cini:

  I have already replied to the allegation that I am ‘aware and have sought to conceal the ownership of Egrant Inc’ and, without having had sight of the actual text that you intend to publish, I can only refer you to the facts as I have set them out, and deny the allegation. I also deny, more broadly, the implication of wrongdoing, both from a legal and also from a conduct perspective. Finally, I would remind you that I co-operated to the fullest extent with all official inquiries and investigations that have taken place in relation to the entity Egrant Inc, and of the con
clusions reached in those processes.

  Additionally I must reserve my position, my rights and my remedies at law in relation to any reference to myself in your upcoming publication.

  Regards

  Karl Cini

  Partner, Tax and International Client Services Department

  Nexia BT

  STEPHAN ROH

  We asked Stephan Roh to comment on his behalf and on behalf of Joseph Mifsud since we had no way of contacting his client:

  I herewith inform and notify you about a formal cease and desist instruction not to mention my name, or the name of our client Prof. Mifsud, in a book dedicated to the Maltese high-profile murder case which you mentioned hereunder. The matter is highly sensible, of international attention, politically charged and used for many political actions and propaganda and any such relationship (between myself, Prof. Mifsud, and the case) insinuated in your book is of a nature to severely damage reputation, business, etc. to the extend that it must be considered a civil and criminal liability of an author, publisher. There is no reason to do so, and we will, as soon as we understand place of publishing, sale, distribution etc. intervene to prohibit the printing, production and distribution of such a book with all legal means and recover our costs and damages from all persons involved and review all possibilities of criminal laws in any jurisdiction available.

  I understand you are asking the following questions in form of an interview: Please find my prelim comments in red as follows:

  That you have purchased and own a stake in Link Campus or University and that you have done so using your ownership of Drake Global Limited registered in the UK;

  My 5% investment in LINK Campus is on public record and shall not be put in relation to the above-mentioned murder case. This would be highly damageable to my investment and to the University and I will need to recover losses by legal means available, from authors, publishers, etc., while the cease and desist instruction shall govern this aspect, too.

  The suggestion that your participation in Link served Russian interests;

  This is not true and my cease and desist instruction shall cover this as well. It is highly damageable to my investment and to the University to insinuate that my investment serves Russian interests and I will recover losses by all legal means available, from authors, publishers, etc. for such untrue allegations.

  Your interest and takeover of Severnvale Nuclear Services Ltd and its exponential growth under your tutelage especially in view of the suggestion that you are linked to Russian interests.

  This is not true and my cease and desist instruction shall cover this as well – any public insinuation of me being linked to Russian interests re. my private, exclusively Western European entrepreneurial business incl Severnvale, LINK Campus, etc. will expose you and your publisher to direct claims for damages – and the cease and desist instruction shall govern this aspect, too.

  In respect of Professor Mifsud:

  The fact that he left the University of Malta and EMUNI with suggestions of financial mismanagement, overspending, and wrongdoing;

  This has been disputed by Prof. Mifsud as highly defamatory and any repetition of same will allow for claims for damages etc. I herewith instruct formally to cease and desist from any such allegation.

  The suggestion that he allowed himself to be known or to be introduced as a Professor before he was granted the title by an academic institution;

  Prof. Mifsud has been allowed by divers higher education institutions and Universities to be called ‘Professor’ – any dispute or allegation contrary would certainly trigger Prof Mifsud’s claims for damages.

  The suggestion that his association with you and other persons indicate that he represents interests of the Russian state;

  Myself, I am not representing the interests of the Russian state, but am fully cooperating with divers US investigators re Spygate. There is no indication that Prof. Mifsud was or is representing the interests of the Russian state and in case you intend to make such allegation in public, about Prof. Mifsud, or about myself, it is herewith instructed a formal cease and desist and, if you may contravene, Prof. Mifsud and myself will certainly claim for damages.

  The allegation that he offered to provide persons connected with the Donald Trump presidential campaign ‘dirt’ on Hilary Clinton acquired from thousands of emails hacked from her computer servers by Russian activity.

  This statement is untrue, and based on the sole declaration of Mr George Papadopoulos (without any other supporting proof) and the cease and desist instruction does extend to it, as well.

  I hope that the above is satisfactory.

  Best regards,

  Stephan Roh

  ADRIAN DELIA

  The PN leader sent us these comments in response to our questions:

  Your reaction and behaviour in public at the time of and since the assassination;

  Shocked, then angry. Now perturbed that government, repeatedly, refuses to launch an independent inquiry on Daphne Carana Galizia’s resignation (sic). I spoke about and acted upon Mrs Caruana Galizia’s assassination on numerous occasions, and reiterated how this was, by far, Malta’s darkest moment in decades. Justice must be done. The mastermind of Caruana Galizia’s murder is still at large.

  The allegation that you facilitated the laundering of proceeds of crime from a prostitution ring in Soho, London;

  I was never involved directly or indirectly in any criminal activity including money laundering. During over 25 years of private practice as a lawyer I never tendered advice in this sense or assisted clients in any manner towards this end. I built my whole career and reputation on ethical professional counsel. Over a decade and more before I entered politics, I had assisted a client in acquiring property in London using legitimate funds deriving from a leading Maltese bank.

  The client rented out the property and in turn there were other sub-rentals. I never appeared for or assisted any of the tenants, sub-tenants or any other third parties. For a short limited time period I was also a director on the owning company. All transactions that I knew about were above board and completely within the parameters of the law. The client also hired professional counsel in London.

  The allegation that you lied about never having a bank account in an offshore jurisdiction;

  I never lied. Not about this nor about anything else.

  I was first asked about the bank account in question in the context of my personal assets, that is in relation to assets belonging to me personally. This, within the wider context of a country having politicians in government who had been exposed by the Panama papers as having opened accounts overseas for evidently illicit purpose. I replied clearly and adamantly that I did not have and had never held funds, accounts, shares, property, or any other assets overseas. Of course, I was referring to my own or family funds. I stand by what I said then that I personally never had bank accounts abroad.

  I have also repeatedly said that I would not divulge matters pertaining to clients’ advice. When I had requested information from the bank abroad pertaining to information in the public domain about an account allegedly held in my name, the bank had replied in the negative stating that there was no such account, there was no account/s at all in my name and this even as far as their records went back.

  Your association with Dr Chris Cardona in the structures involved in the services provided to the owners of the Greek Street, London property raided by the British police because of illegal

  activities therein, including prostitution and human trafficking;

  I have and never had any association with Dr Chris Cardona. In private practice I held several directorships. Sitting on the same board at any given time with other directors does not mean that you have an association with them. At the time I was not a public figure and unless I am mistaken neither was he.

  Having said that, today I do not hold records in my hand and do not specifically recall whether we were directors on the same board at all, and if so, for how
long. Documents which I cannot verify as being original or truthful in the public domain however, show, that if this was the case it was for a very short time indeed.

  I once again rebut forcefully any preposterous and absurd allegations that I was ever involved directly, indirectly, or even remotely in any prostitution or human trafficking activity. You must be aware that the British police had investigated the matter and proceeded to prosecute foreign nationals – not the sub-tenants, not the tenants, not the owners, not my client, certainly not me. Several degrees of separation removed, which has one defy logic to make even fantastic connections with me, let alone attributions of guilt.

  Your reaction and behaviour in public at the time of and since the publication of an extract of

  the Egrant inquiry report.

  I have, time and again, insisted that Government must publish the inquiry in its entirety. I have also taken the matter to Court. It is unacceptable that the PM, his aides, the Justice Minister, and his lawyer, and God knows who else, are privy to the Magistrate’s inquiry and the Leader of the Opposition is not. We respect the conclusions of Magistrate Aaron Bugeja’s inquiry – the Nationalist Party publicly declared its willingness to accept its conclusions, long before I became party leader, but we – the country, must know the entire findings of the inquiry.

  ANTHONY AXISA

  This is the response we received from Anthony Axisa:

  I do believe that I have been mentioned in this context several times, albeit I am somewhat disappointed that although I have always provided an adequate context, no one has ever bothered to include same.

  Keeping in mind that I cannot comment specifically on what you wrote in your book, because you have not provided me with the relevant sections, I will still endeavour, with a healthy dose of optimism, to provide you with some key facts that you may want to consider and hopefully reproduce: