Defence lawyers in Caruana Galizia case launch counterattack

Defence claims state witness Vince Muscat is 'not telling the truth'

The defence teams of four men accused in the murders of lawyer Carmel Chircop and journalist Daphne Caruana Galizia started their replies after the Attorney General finished addressing the jurors for one last time.

On Saturday, Alfred Abela, representing Robert Agius, delivered his counterattack, starting by saying that the “Attorney General accused the defence that they lied, but I only heard lies from Vince Muscat.”

Robert Agius and Jamie Vella are accused of providing the bomb used to assassinate Daphne Caruana Galizia in October 2017.  George Degiorgio (and his brother Alfred) is already serving a 40-year sentence after admitting to placing the bomb under Caruana Galizia’s car and triggering it outside her Bidnija home. 

Adrian Agius is accused of commissioning the October 2015 hit on lawyer Carmel Chircop, which prosecutors allege was carried out with the complicity of his brother Robert, along with Jamie Vella and Degiorgio.

They all deny any wrongdoing.

The prosecution concluded its evidence on May 23, which was followed by the accused making their defence through their lawyers and presenting their evidence. After the close of the defence, prosecutor Anthony Vella replied.

When concluding his reply on Saturday morning, Vella stressed that state witness and convicted hitman Vince Muscat, better known as il-Koħħu, was truthful when testifying and providing information. This was further corroborated by the evidence gathered by the investigators.

Vella also reiterated that Adrian Agius feared Chircop would request a garnishee order against him and place his business in trouble.

The prosecutor urged the jurors to focus on the evidence brought forward and said that the prosecution is morally convinced that the four men are guilty of the charges brought against them. He thanked them for presiding over the trial.

'Vince Muscat is not telling the truth'

Later during the morning, lawyer Alfred Abela argued that “the AG at the eleventh hour tried making us believe that they did not have the call logs and localisation” for his client.

He claimed that Ta’ Maksar – the family nickname for the Agius brothers – were targeted and argued that the prosecution claimed that Muscat’s testimony was corroborated when it was not.

“Any doubts favour the accused,” he underlined, adding that the jurors could not fill in the gaps in the investigation. He observed that the jurors were not taken to Żebbuġ where Agius’ garage is and shown the cell tower to which the SIM card in the bomb connected.

“I expected them to take me to the street where the garage is and show me the cell tower in question,” Abela said.

He also questioned how Muscat testified that the bomb arrived in September when according to the FBI report the SIM was switched on January 10, 2017. Abela also underlined that no messages, photos or CCTV footage were brought forward to show Agius’ was there with the hitmen.

“We heard 150 witnesses, two massive inquiries, involved foreign experts but do you know that there is no fingerprint or localisation data incriminating my client?” Abela said.

He closed off by saying that as a defence lawyer he is not bound to prove anything.

“We put forward our thesis to show that Vince Muscat is not telling you the truth,” he ended.

Up next was lawyer Nicholas Mifsud, assisting Adrian Agius, who in his brief reply argued that Muscat lied about his client. He underlined that Agius ended up selling his villa to settle the debts and did not earn anything.

“Chircop’s widow, Mary Rose, took €165,000 in an out-of-court settlement agreement and Adrian Agius did not even take a cent,” Mifsud argued, adding that his client lost everything and gain nothing out of it.

The lawyer stressed that in the case of his client, the investigators focused on Agius without exploring other leads, recalling that Chircop had filed a police report against one of his business partners, Jeffrey John Mallia. He also reminded the jurors that Mary Rose Chircop even testified about her ‘husband ending up in hospital because of Mallia.'

“Adrian was the only one who tried to reach an agreement with Chircop,” Mifsud said.

“Are you morally convinced and comforted that Vince Muscat said the whole truth always and every time he testified about the case?” Mifsud asked, adding that he always believed in his client and urged them to acquit Agius of the charges.

After Mifsud finished his rejoinder, lawyer Leslie Cuschieri, assisting Degiorgio took the floor.

Madam Justice Edwina Grima presided.

Prosecutors Godwin Cini, Danika Vella and Anthony Vella prosecuted.

Lawyers Alfred Abela and Rene Darmanin are appearing for Robert Agius, while lawyer Nicholas Mifsud is assisting Agius’ brother, Adrian.

Lawyers Noel Bianco and Leslie Cuschieri are appearing for George Degiorgio.

Lawyers Ishmael Psaila and Amadeus Cachia are assisting Jamie Vella.

Lawyers Therese Comodini Cachia and Jason Azzopardi are assisting the Caruana Galizia family, while lawyer Vince Galea is assisting the Chircop family.

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