Daphne murder suspects seemed to know of their arrests, investigator testifies

People suspected of being involved in the assassination of Daphne Caruana Galizia seemed to know they were about to be arrested, Assistant Commissioner Keith Arnaud has testified in court.

The top police officer took the witness stand on Tuesday afternoon in criminal proceedings against disgraced former OPM chief of staff Keith Schembri, who stands accused of perjury and breaching the Official Secrets Act. He is pleading not guilty.

The charges follow a five-year probe triggered when Yorgen Fenech, who is pleading not guilty to complicity in Caruana Galizia’s 2017 murder, claimed that information about the investigation was leaked to him by Schembri. 

At the time, Schembri was Joseph Muscat's chief of staff.

Wife's phone number written on wrist

Brothers George and Alfred Degiorgio, as well as Vince Muscat il-Koħħu, all subsequently pleaded guilty to having carried out the murder. The three were arrested in a massive December 2017 police operation.

Arnaud, who was an inspector at the time, testified that he had suspected something on the day the Degiorgio brothers were arrested in Marsa, as one of them had his wife’s phone number written on his wrist.

The police did not find George Degiorgio’s phone when they arrested him. Alfred Degiorgio’s phone was found on the ground, while Vince Muscat’s was eventually discovered on the seabed nearby.

Arnaud explained that the first arrests and arraignments took place in December 2017. Convicted hitman Vince Muscat eventually requested a pardon and gave information to the police in 2018. However, the pardon request could not be upheld since the information he provided consisted mainly of hearsay evidence, and police could therefore not use it to build their case against Melvin Theuma.

Theuma was subsequently given a presidential pardon in exchange for information leading to the arrest of Fenech.

George Degiorgio, Alfred Degiorgio and Vince Muscat.

Top meetings to discuss Koħħu pardon

Testifying on Tuesday, Arnaud recalled various high-level meetings concerning Vince Muscat’s pardon request held in April 2018. Then police commissioner Lawrence Cutajar, then-assistant commissioner Silvio Valletta, then prime minister Joseph Muscat and Schembri were all present for one such meeting on April 26, Arnaud testified.

Another meeting two days later involved then Attorney General Peter Grech, Silvio Valletta, Joseph Muscat, and then Justice Minister Owen Bonnici. Louis Grech [who served as deputy prime minister until 2017] was also present, Arnaud testified.

Arnaud told the court that police planned on arresting Theuma on November 16, 2019, but moved that operation forward by two days after noticing that Theuma seemed to be aware he was going to be arrested.

Murder suspect Yorgen Fenech was then intercepted leaving Malta on his yacht, Arnaud recalled, adding that Fenech had also asked for a presidential pardon.

Fenech said Schembri had promised him a pardon

Fenech requested a pardon in connection with the murder of Caruana Galizia, Arnaud confirmed during cross-examination by lawyer Jason Azzopardi, representing the victim’s family. 

Arnaud said that Fenech had given one version of events in his first statement to the police but revised that in a second statement which implicated Schembri. Fenech told officers that his first version of events was based on a promise made by Schembri that he would secure a presidential pardon for him.

Schembri was then arrested but released later without charge.

Fenech was arraigned and charged with the murder on November 30, 2019.

Defence lawyer Edward Gatt objected to Arnaud’s testimony, saying the officer was mentioning “spectacular things” which had nothing to do with the alleged leaking of secrets Schembri stands accused of.

 “Did my client have anything to do with the fact that George Degiorgio had his wife’s number on his wrist?” Gatt asked.

“No,” Arnaud replied.

“I did not investigate the leaks myself,” Arnaud said, as the court pointed out that circumstantial evidence was important to the case.

Keith Schembri’s name emerged when Theuma was arrested

Schembri’s name first emerged in the murder investigation after Theuma’s arrest on November 14, Arnaud testified.

Theuma, the self-confessed middleman turned state witness, had a box which contained a photo of him and Schembri, taken at the Office of the Prime Minister in Valletta.

Theuma told the police that he knew about the Degiorgio brothers’ impending arrest before it happened, that he knew he was under investigation and that Vince Muscat had asked for a pardon.

Arnaud noted that secret recordings which Theuma made featured discussions about that pardon request.

When asked about Schembri, Theuma told the police they had never met to discuss the murder. Fenech had sent him to Castille for “some work”, Theuma told officers.

Theuma had been given a phantom job with a government entity months before Caruana Galizia’s murder. He never actually went to work but pocketed the salary.

Schembri, along with Fenech, Sandro Craus, the former head of customer care at the Office of the Prime Minister; Anthony Mario Ellul, the former family ministry private secretary and Anthony Muscat, the former CEO of a government company, are facing separate criminal proceedings in connection with the phantom job. They also deny the charges.

Theuma told the police that his only dealings concerning Caruana Galizia’s murder were with Fenech, who had given him money to hand over to the eventual hitmen.

Camilleri sent to calm a 'panicked' Theuma

In his testimony on Tuesday, Arnaud also referred to information supplied by Kenneth Camilleri, who was part of Joseph Muscat’s security detail between 2013 and 2019.

Kenneth Camilleri was sent by Keith Schembri to speak to Melvin Theuma. Photo: Matthew Mirabelli

Camilleri was dispatched by Schembri to speak to Theuma in the summer of 2018. He told police he did not know why he was being sent there and was under the impression he was sent to calm Theuma down and that it “was something related to politics”.

Arnaud said that at that point in time, Theuma was panicking about Vince Muscat speaking to the police and wanted Schembri to help the Degiorgios obtain bail. Camilleri assured Theuma that “they would see to what they could do”.

Johann Cremona, Fenech’s business associate, was also present but he was not near Theuma and Camilleri when they spoke. Cremona was there to show Camilleri where Theuma lived.

“Theuma has always said that his troubles started when [Vince] Muscat started to spill the beans. This can be heard in one of the recordings,” Arnaud recalled.

The case continues on 13 May at 1pm.

Magistrate Claire Stafrace Zammit presided over the court.

Superintendent Hubert Cini and police inspector Shaun Friggieri prosecuted.

Lawyers Edward Gatt and Mark Vassallo assisted the accused.

Lawyer Jason Azzopardi appeared on behalf of the Caruana Galizia family.