Keith Schembri on Monday presented a sick note signed by doctor and alleged benefit fraud ringleader Silvio Grixti when summoned to testify in a libel case filed by his former boss Joseph Muscat.

The case – against lawyer Christian Grima over a comment he posted to Facebook – saw some of the most notorious names in Malta’s recent political history summoned to testify.

Apart from Schembri, Yorgen Fenech, Chris Cardona, Melvin Theuma, Alfred and George Degiorgio and former OPM security detail Kenneth Camilleri were all called as witnesses on Monday.

Schembri was certified as unwell by Grixti on Sunday, the note indicated.

That did not sit well with lawyer Karl Grech.

“So Schembri travelled all the way from Mellieħa to Paola to get a medical certificate from Grixti,” remarked Grech, pointing out further that the Paola clinic was closed on Sundays.

The “genuineness” of that doctor’s certificate was being contested.

Magistrate Victor George Axiak said that the court would decide upon this matter after hearing what the doctor had to say about this.

Schembri, who served as Muscat’s chief of staff during his time as prime minister, was not the only high-profile absentee for Monday’s sitting.

Muscat himself was also not present, with his lawyer Pawlu Lia telling the court that Muscat was abroad and apologising for his absence.

The apology did not wash with Grima’s lawyer, who said Muscat should have filed a court application ahead of time to justify his absence. He asked the court to verify when Muscat purchased his air tickets.

Muscat’s lawyer argued that he had filed a note to explain his client’s absence.

“Even had he not bought the tickets before being summoned [some time around September 7] should he have cancelled his appointments? We’re making a mountain out of a molehill,” said Lia.

“And in any case, if a note was filed instead of an application, that was the lawyer’s mistake,” insisted Muscat’s lawyer.

“If anything, censure me!" argued Lia. 

“You were not the one summoned as witness,” observed the magistrate, reserving further measures for a later stage.

Melvin Theuma, Yorgen Fenech and Kenneth Camilleri all testified on Monday. Photos: Matthew Mirabelli/Mark Zammit Cordina

Cardona, Muscat’s former economy minister, was also conspicuous by his absence. He filed a court application, which included copies of his flight tickets, to excuse himself.

That was the correct procedure, the magistrate pointedly told Muscat’s lawyer.

Yorgen Fenech's brief testimony

Yorgen Fenech appeared for the first time as a witness in this libel suit.

But it was the briefest of testimonies, with the former businessman saying he would not be testifying given the ongoing criminal charges he faces. Fenech stands accused of complicity in the murder of journalist Daphne Caruana Galizia.

“At this stage a bill of indictment has been issued against me and I do not wish to testify at this stage,” said Fenech.

The court accepted that explanation while the respondent’s lawyer said that he would reserve Fenech’s testimony for a later stage.

The post which sparked Muscat’s libel case concerned that murder, with Grima writing in May 2020 that Muscat “blew her [Caruana Galizia] up”.

Muscat has argued that Grima was literally implicating him in the 2017 murder. Grima has argued that the post was an allusion to the culture of impunity that the Muscat government fostered and which made the murder possible in the first place.

Degiorgios refuse to answer questions

The Degiorgio brothers, who are serving 40-year prison sentences for having installed and detonated the bomb that killed Caruana Galizia, were again summoned to testify on Monday. 

But just as they did on previous occasions, both Alfred and George’s reply to Grech’s questions was “I choose not to testify.”

Both were remanded in custody to be detained until they decided to comply to their summons as Grima’s witnesses.

Melvin Theuma testifies

Melvin Theuma, who was granted a presidential pardon to testify about his role as murder middleman between Fenech and the Degiorgio brothers, told the court that OPM security official Kenneth Camilleri had been sent by Schembri to promise the Degiorgio brothers that they would be granted bail and €1 million each following their arrest.

But when pressed about a letter he had written, naming Fenech and Schembri, Theuma insisted, “on oath I cannot say that Schembri spoke to me.”

“It was Yorgen Fenech ta’ Tumas who tasked me to give €150,000 to the Degiorgios,” he said. 

He also mentioned other names mentioned in his secretly recorded conversations with the businessman.

“… like Cardona and Schembri. But Johann Cremona can give more information about that,” said Theuma, mentioning an occasion when Cremona allegedly showed him a photo of a “middleman, whose name started with ‘B’.”

Kenneth Camilleri testifies

Kenneth Camilleri was the last witness at Monday’s hearing.

He confirmed that he was part of Muscat’s security team and said he had met Theuma “around three times” prior.

But when asked in what context he had met Theuma, Camilleri declined to answer further questions for fear of self-incrimination.

He explained that the police’s Financial Crimes Investigation Department questioned him about related issues two weeks ago.

He confirmed that he had testified at the Daphne Caruana Galizia public inquiry.

“Do you confirm what you testified there?” asked Grech.

“Yes, when I testified behind closed doors,” said Camilleri.

There were no further questions for the witness.

The case continues.