Updated 1.08pm
Vincent Muscat will testify in the murder case against George and Alfred Degiorgio next week, after a magistrate rejected an objection raised by the two men's lawyer.
The Degiorgio brothers stand accused of murdering journalist Daphne Caruana Galizia. Muscat, who also faced murder charges, registered a guilty plea in the case last week and will now serve as a competent witness in proceedings against the brothers, with whom he had formerly shared the dock.
Muscat was ordered to testify in that case by judge Edwina Grima on Monday, following an application by the deputy attorney general.
On Tuesday, Degiorgio lawyer William Cuschieri objected to that court order, claiming that the criminal court could not have delivered such an order given that the records of the case were currently with magistrate Claire Stafrace Zammit.
Moreover, the Degiorgios had not been given a right of reply to the request but had simply been served notice of judge Grima’s decree, Cuschieri said, complaining that this was “it’s a case of two weights and two measures.”
However, deputy attorney general Philip Galea Farrugia rebutted that Muscat’s testimony had been “ordered” not “authorised” by a superior court and therefore any complaint had to be registered before that court.
Following deliberation, magistrate Stafrace Zammit dismissed the defence's objection and ordered Muscat to testify at the next sitting.
She said the magistrates' court was bound to give effect to the criminal court's decree "in its entirety", with the latter court retaining jurisdiction to hear and decide upon requests made by the parties.
Voice recordings 'inaccessible'
Meanwhile, a court also heard a technical expert testify that voice recordings which the Degiorgios’ lawyer had complained were “inaccessible” could be opened from his computer using a “simple double-click”.
Lawyer William Cuschieri had highlighted issues with eight voice recordings made by self-confessed middleman Melvin Theuma, saying he was unable to access them. A court technician was also unable to access them.
After identifying the tapes on his laptop, court-appointed expert Keith Cutajar, explained that the clips were easily accessible on his computer which had “no special configurations.”
All it took was “a simple double click” via the media player, he explained, prompting superintendent Keith Arnaud to remark, “And elsewhere we were told that we were hiding them.”
That was a veiled reference to the time when the same clips had been described as “hidden” by Yorgen Fenech’s lawyers, in separate proceedings against the businessman, currently accused as an accomplice in the murder.
“And maliciously so!” loudly remarked parte civile lawyer, Jason Azzopardi.
That remark elicited a reaction from Fenech’s lawyer, Charles Mercieca, who had entered the courtroom to observe the proceedings at a distance.
“We had a reason, we can explain,” Mercieca started.
But the magistrate soon put an end to the verbal spat, telling Fenech’s lawyer that he had no locus standi in the case and quashing any further comments from all sides.
The case resumes on March 11.
Superintendent Arnaud and Inspector Kurt Zahra prosecuted, assisted by Deputy AG Galea Farrugia.
Lawyers Jason Azzopardi and Therese Comodini Cachia appeared parte civile.
Lawyer William Cuschieri was defence counsel.