Jamie Vella had been investigated before, but no charges filed

One of the men accused of supplying the bomb that killed journalist Daphne Caruana Galizia has been investigated in the past, however, the police did not have sufficient evidence to proceed criminally against him.

This emerged on Thursday afternoon during the cross-examination of lead investigator assistant commissioner Keith Arnaud.

The trial by jury of four men indicted over their role in the murders of lawyer Carmel Chircop and journalist Daphne Caruana Galizia resumed on Thursday. They are denying the charges.

During the day, the cross-examination of the lead investigator commenced, with the different defence teams taking turns to question Arnaud.

Defence lawyer Amadeus Cachia, assisting Vella, asked Arnaud: “Do we agree Jamie Vella was never investigated?” The assistant commissioner promptly replied: “No, we don’t agree.” He explained that investigating someone does not necessarily mean arresting and arraigning a person.

“Nothing came out of those investigations, right?”

“Nothing that could lead to an arraignment,” Arnaud replied.

During the cross-examination by Vella’s lawyer, Arnaud was asked whether the accused’s name was mentioned by state witness and middleman Melvin Theuma, to which the lead investigator replied: "No".

He explained that the evidence shows Theuma was the go-between the three convicted hitmen and Yorgen Fenech, and it also shows the latter paid. Pressed further, he said that Vella was never mentioned in the recordings found in Theuma’s, neither directly nor indirectly.

Presidential pardon

The defence then sought to establish why Theuma’s presidential pardon was issued in a relatively short time compared to that of state witness Vince Muscat. Arnaud explained that Muscat first mentioned Theuma in April 2018. Until Theuma’s eventual arrest in November 2019, the police had investigated him. Fenech was subsequently arrested and the pardon was issued.

In Muscat’s case the process started from the information he provided, with the police having to investigate every bit of information. Arnaud added that Muscat spoke on more than one case while Theuma spoke about one case and his role in that case.

In Muscat’s case, the police did not have sufficient admissible evidence to strengthen it and that’s why it was refused. A second pardon request was then time submitted in writing. Pressed whether the information provided by Muscat was credible, Arnaud said after the first refusal the agreement was to continue investigating the information provided.

“Had he not been credible, what would have been the use to continue investigating that information with the view of strengthening it?” Arnaud asked, rejecting the defence’s suggestion that Muscat’s pardon should be refused because he was not credible.

“When I was present, I do not remember an instance where they said it was not credible,” he said.

George Degiorgio’s defence lawyer questioned whether the police used sniffer dogs to check if people lived inside the garage complex, with Arnaud replying in the negative saying that he was not aware of the garages being used as a residence. Questioned about the vehicles that entered or left the garage complex while the forensics processed the crime scene, Arnaud said if they did so, it was under their authority.

Adrian Agius’ lawyer cross-examined Arnaud on the method used to identify the CCTV footage to gather during the investigation into Chircop’s murder. Arnaud explained that each CCTV system has its own features and they had an issue with human resources and technical resources. The assistant commissioner confirmed that the police did not gather CCTV footage showing the suspicious car, which the prosecution think was used in the murder, arriving at Rampol Building in Birkirkara.

The jurors also finished watching the statements of the accused on Thursday morning.

Charles Mercieca allowed in courtroom

Lawyer Charles Mercieca, who represents murder suspect Yorgen Fenech and was frequently seen following the trial, can be in the courtroom and speak to fellow colleagues – the lawyers – but cannot speak to the accused.

This was said by the court after AG lawyer Anthony Vella highlighted that during breaks, Mercieca speaks to the four men accused in the case. However, before he could finish off his point, the Criminal Court said: “On Dr Charles Mercieca, I’ve made it clear to him that he can for no reason approach or speak to any one of the accused. He can speak to the lawyers but not to the accused. He understood and promised not to speak to any of them until this trial ends.”

Madam Justice Edwina Grima is presiding over the trial.

AG lawyers Godwin Cini, Danika Vella and Anthony Vella are prosecuting.

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.