Jamie Vella 'laughed' at allegations which 'did not make sense' - defence lawyer

Defence lawyer Ishmael Psaila has questioned the evidence linking four men to the murders of lawyer Carmel Chircop and journalist Daphne Caruana Galizia, telling jurors that his client laughed during police questioning because the allegations "did not make sense".

Lawyer Ishmael Psaila, assisting Jamie Vella, began delivering his rejoinder on Monday afternoon, by referring to a 2021 press conference by Police Commissioner Angelo Gafà on the arrests of four men.

The trial by jury resumed on Monday morning against brothers Robert and Adrian Agius, better known as Ta’ Maksar, George Degiorgio (iċ-Ċiniż) and Jamie Vella.

Robert Agius and Vella are accused of supplying the explosive used in Caruana Galizia’s murder.

George Degiorgio is already serving a 40-year sentence, alongside his brother Alfred, 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.

Psaila argued that his client laughed during his statement because “the case did not make sense” when faced with the allegations. The defence lawyer referred to the checklists put forward by the Attorney General and said this exercise should have been done in 2021 when they decided to give a presidential pardon to Vince Muscat in Chircop’s murder case and when they decided to arraign the four men.

He then turned his attention to the report prepared by Brigadier Jeffrey Curmi and said that the expert had identified a pattern. He observed that Romeo Bone was maimed after a bomb was placed under his car while Kevin Ellul, better known as “double o” sustained injuries and was in intensive care.

“Two victims who survived the bomb attacks but coincidentally both chose to remain silent,” Psaila argued.

He claimed that the investigators carried out a “forced” investigation into Ellul saying a witness recalled Vella saying ‘I knew you were coming’, however, they went to knock  on Ellul’s door instead of securing warrants and breaking into his premises.

Psaila also recalled that Ellul did not reply to any questions in his first statement to the police, but in his second statement told the police that he did not know George Degiorgio.

“For the assistant commissioner, this was enough,” Psaila went on, adding that Ellul had his mind at rest when testifying in the jury since the AG declared there were no pending criminal investigation against him.

“The man allegedly kept explosive in sacks. Nicole Brignone alleged he shot at her, why did they not take her round Malta to investigate the claims or outside Robert Agius’ house to check if they did keep watch there? Is this how justice is done?” Psaila asked.

The defence lawyer also compared Muscat’s testimony to that of state witness Melvin Theuma, and observed that “Theuma came here and told us without hesitation that he was in illegal gambling and that’s how he knew Muscat.” He argued that Muscat, the key witness in this trial, first said he never shot and then chose not to comment when pressed further.

Psaila also argued that Theuma answered each and every question, and had recordings to show, and that he also testified that he did not know Vella.

On Monday morning, defence lawyer Leslie Cuschieri continued his rejoinder in defence of George Degiorgio. Degiorgio along with his brother, Alfred, is serving a 40-year jail term after admitting to executing Caruana Galizia’s murder.

Cuschieri argued that state witness Vince Muscat, who was granted a presidential pardon in Chircop’s case, was “ready to do everything to save his skin”. He argued that if the investigators did their job they would not have relied on Muscat in the investigation. The defence lawyer insisted that Muscat was “an expert in lies” adding that the AK-47 in connection with Chircop’s murder was only mentioned when the witness testified before the magisterial inquiry in 2021. He argued that the inquiring magistrate found it hard to believe that Muscat, Degiorgio and Jamie Vella, had two guns on them at the time of Muscat’s murder.

The defence lawyer also argued that Muscat’s testimony was poorly corroborated by the other evidence brought forward. In his conclusion, Cuschieri reminded the jurors that their decision should be backed by the evidence.

Juror replaced

A juror has been replaced after he fell ill while presiding over the trial of four men accused for their alleged roles in the murders of lawyer Carmel Chircop and journalist Daphne Caruana Galizia.

The Criminal Court informed the parties that for health reasons the juror was replaced in the afternoon session by a supplementary juror. The nine-person panel is now composed of five men and four women.

The jury began with six supplementary jurors instead of the usual three. In its fifth week, the number of supplementary jurors went down by half.

Madam Justice Edwina Grima is presiding over the trial by jury.

Prosecutors Godwin Cini, Danika Vella and Anthony Vella are prosecuting on behalf of the AG Office.

Lawyer Nicholas Mifsud is assisting Adrian Agius.