Updated 3.40pm
Two brothers who murdered journalist Daphne Caruana Galizia have been charged with refusing to obey a court order after they failed to testify in proceedings against Yorgen Fenech.
Alfred and George Degiorgio, who are serving 40-year jail terms for their role as hitmen, had been ordered to testify in the case against Fenech, who is awaiting trial for complicity in the October 2017 murder.
But when they appeared in court on Monday to testify in the re-opened compilation of evidence, both witnesses refused.
When told by presiding magistrate Rachel Montebello that he had been ordered by the Criminal Court to testify, Alfred Degiorgio said that “at this stage” he was choosing not to do so.
The magistrate explained that since criminal proceedings against him were wrapped up, he had no choice but to testify.
Degiorgio rebutted that he and his brother had instituted proceedings before the constitutional courts challenging their trial.
“I’m not saying I won’t [testify], but at this stage, I choose not to.”
His brother, George, was escorted in next, and repeated the act along the same lines.
“What was your work back at the time of the murder?” started off Assistant Commissioner Keith Arnaud.
But again, he was met with the same reply.
“We have a constitutional case. We’re working to annul the trial,” said the witness.
The magistrate replied: “But your duty is to testify. The other proceedings do not impinge on these. If you don’t, that will be a criminal offence".
“I won’t testify,” came the adamant reply.
The court ordered their immediate arrest and for police to charge them within 48 hours in terms of article 522 of the Criminal Code, for refusing to obey a court order.
Through all this, Fenech sat silently at the dock, occasionally casting a glance in the direction of the witnesses.
An hour or so after Magistrate Montebello ordered their arrest, the Degiorgios were escorted back before the duty magistrate to face the fresh charges.
Prosecuting Inspector Wayne Camilleri outlined the events leading up to the arraignment, explaining that the brothers had been ordered to testify in Fenech’s murder case by Madam Justice Edwina Grima who is to preside over the upcoming trial.
But in spite of that express order by the Criminal Court, both witnesses had refused to testify when summoned on Monday at the compilation of evidence against Fenech.
That was why the magistrate had instructed the police to investigate and press fresh charges against the Degiorgios.
Both brothers appeared before duty Magistrate Noel Bartolo, charged with refusing to testify when instructed to do so as well as relapsing.
They pleaded not guilty.
The hearing was over within minutes and the pair were remanded in custody, back to Corradino Correctional Facility.
The case will now be assigned to another magistrate for hearing.
Lawyers Noel Bianco and Leslie Cuschieri were counsel to the accused.
AG lawyers Anthony Vella and Godwin Cini prosecuted in the earlier case together with superintendent Arnaud and inspector Kurt Zahra. Lawyers Gianluca Caruana Curran and Charles Mercieca were counsel to Fenech. Lawyers Jason Azzopardi and Therese Comodini Cachia appeared parte civile.