Daphne Caruana Galizia murder suspects George and Alfred Degiorgio are to receive access to testimony their former co-accused Vince Muscat gave to a magistrate leading an inquiry into the 2017 murder.
A court ruled on Friday that the brothers are entitled to see what Muscat, known as il-Koħħu, told an inquiring magistrate about the murder. But the court also found that they have no valid claim to copies of statements Muscat gave to the police.
The decree given by judge Edwina Grima paves the way for Muscat to face cross-examination by a lawyer representing the Degiorgio brothers in the case.
The Degiorgio brothers stand accused of murdering Caruana Galizia in October 2017. Muscat, who also faced murder charges, pleaded guilty to the crime in exchange of a 15-year prison sentence and testimony related to other crimes.
Prosecutors had argued that while Muscat's testimony to the magistrate looking into Caruana Galizia's murder could be handed over, with parts not relevant to the Caruana Galizia murder case blanked out, the same could not be said of his statements to the police.
These statements were recorded and featured Muscat making several references to different crimes and individuals, they argued in court earlier this week.
Defence lawyer William Cuschieri had told the court that the defence would not object to only receiving the relevant parts of Muscat's testimony, as redacted by prosecutors.
In her decree, Madam Justice Grima said that the statements Muscat gave investigators were “police intelligence” that was still to be processed before determining whether it was admissible as evidence in court.
Such confidential information given to the police about the Caruana Galizia murder as well as other crimes could therefore not be classified as material evidence, she said, concluding that not producing such statements as evidence in court could not be deemed to be denying the accused a fair criminal trial.
However, the same could not be said with respect to Muscat’s sworn testimony before the magistrate handling the in genere inquiry.
That testimony was admissible evidence to be produced in court, and granting a copy to the defence would not only enable it to control the witness during cross-examination but would also safeguard the all-important principle of equality of arms, the judge said.
This would also serve to ensure that the accused’s right to a fair hearing is protected, said the court, thus partly upholding the Degiorgios’ request.
The court sent the records of the case back to the magistrate presiding over the committal proceedings for the court registrar to produce a legal copy of said testimony.