A forensic analysis has told the court that files used as evidence against Luke Seguna, the former Marsaxlokk parish priest, had been deleted while he was on leave.
Seguna stands accused of money laundering, fraud and misappropriation resumed on Wednesday morning.
Taking the witness stand, forensic analyst Matthew Abela Medici detailed his involvement in an investigation involving deleted files found within his computer’s recycle bin.
He told the court that he had initially informed the lead inspector of the discovery verbally.
The witness explained that he later formalised this information in an email sent on 25 March 2024, to the superintendent, the assistant commissioner, and the inspector.
Abela Medici noted that while he had been asked previously whether the files could be restored, he had advised against it due to technical risks. He stated that as soon as one touches the files, there is a risk of compromise.
Under examination, the analyst was asked whether the deleted data had eventually been retrieved. He clarified that he did not perform a retrieval because the files had been deleted from the active system.
“If I were to perform a retrieval, I would not have known where those files would have ended up had I saved them myself," said Medici.
He further elaborated on the sensitive nature of digital images, explaining that although the evidence involved a computer system rather than a laptop, the principles of “digital images” remained the same.
The court heard that the devices in question were exhibited in a sitting on 19 June 2023, at which point the forensic analyst submitted his formal report along with images of the desktop computer.
He confirmed that the files originally found on the desktop had indeed been deleted prior to his forensic imaging.
On cross-examination, the witness further explained that upon returning from leave, he accessed the computer tower and found that the files he had copied were now placed in the recycling bin.
The defence stressed the fact that the witness did not care to mention this deletion during his previous testimony.
The witness replied that the material contained within the deleted files had already been exhibited and presented before the court; however, he repeated that he had informed the Superintendent that certain deleted files included evidence related to the case.
When asked by Lawyer Matthew Xuereb whether other individuals had worked on the analysis, the analyst replied that the entire process was conducted ‘from A to Z’ by him personally.
“I took that decision because I was certain that once the files are touched, they no longer remain in their original state and therefore the evidence would be compromised,” the witness maintained.
Asked again by the defence whether he was aware that the deletion of files could constitute a criminal offence and whether he had requested the opening of an inquiry, Abela Medici replied in the negative.
The case is set to continue on 17 June at 1pm.
Magistrate Lara Lanfranco presided.
AG lawyer Ramon Bonett Sladden prosecuted.
Lawyers Matthew Xuereb and Alex Scerri Herrera appeared for the accused.