Defence renews attack on Vince Muscat's credibility in murder trial submissions

A defence lawyer appearing for George Degiorgio insisted in court on Tuesday that prosecutors had failed to present evidence linking his client to the 2015 murder of Carmel Chircop.

Lawyer Leslie Cuschieri argued that prosecutors had failed to prove that Degiorgio was involved in the murder, that he was motivated by vendetta or that he was paid for his alleged role. What had linked Degiorgio to the murder was only evidence by key witness Vince Muscat, who had secured a pardon.

The lawyer was making submissions in the trial of brothers Adrian and Robert Agius, better known as Ta' Maksar, along with associates Jamie Vella and George Degiorgio.

Robert Agius and Jamie Vella are accused of providing the bomb used to assassinate Caruana Galizia in October 2017.  George Degiorgio (and his brother Alfred) are 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 deny any wrongdoing.

On Tuesday, Cuschieri continued to focus on what he claimed were “shortcuts” taken by the investigators in the murder investigation.

Lawyer Ishmael Psaila, assisting Jamie Vella in his submissions also turned his attention to Muscat’s testimony and questioned whether he was a credible witness. 

He compared his testimony to that of Melvin Theuma, who was granted a presidential pardon in Caruana Galizia’s case. He described the latter’s testimony as “airtight” and insisted that while Muscat replied with “I don’t know” or did not reply, Theuma answered all the questions posed to him including the one on whether he knew Jamie Vella.

He underlined that Muscat was described as “notorious” by assistant commissioner Keith Arnaud and has pending criminal proceedings against him.

“He gambles, does not work, and was investigated by the assistant commissioner,” Psaila said, adding that he was criticising the “mess he got himself into and got others into as well”.

Psaila told the jurors that Muscat mentioned Vella when it suited him and when it did not, he said he could not remember.

He argued that several experts were involved in the Caruana Galizia case including the Netherlands Forensic Institute (NFI), Europol and FBI, and the police seized several mobile phones.

“Despite all those phones seized, all those experts, they investigated and found nothing?” Psaila said.

Psaila referred to when Muscat spoke of fearing the Maksar brothers, and said that in Theuma’s case, he recorded the conversations with the alleged mastermind and had evidence to show. The lawyer contrasted this and noted that in Muscat’s case there was only his word and the witness telling the court that one could not say no to the Maksar brothers.

Before the sitting was adjourned, Psaila invited the jurors to look at the evidence and see whether there was any evidence direct or indirect which linked Vella to the two murder cases.

The trial continues on Wednesday.

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.