Wrap: Fenech, Schembri discussed ‘tweaking’ Theuma pardon draft, trial hears
Lead investigator says businessman claimed Joseph Muscat warned him Theuma would be arrested
Yorgen Fenech and Keith Schembri discussed "tweaking" the draft of Melvin Theuma's presidential pardon agreement in the frantic hours before the businessman attempted to flee Malta, the jury hearing the Daphne Caruana Galizia murder trial was told yesterday.
On the fifth day of the long-awaited trial, lead investigator Keith Arnaud testified that investigators recovered Signal messages from among more than 100,000 images stored on Fenech's mobile phone, including one in which the businessman told Schembri: "When you have the draft terms of the agreement, we'll tweak them a little."
Arnaud said the draft agreement referred to was the same one the police later recovered from Fenech's phone. He told jurors that Schembri confirmed during police questioning he had been in contact with Fenech on the eve of his attempted escape and acknowledged they had discussed the draft presidential pardon intended for Theuma.
Fenech, 44, denies complicity in the October 2017 car bomb assassination of journalist Caruana Galizia outside her Bidnija home.
Prosecutors say he commissioned the murder through middleman Theuma, who later received a presidential pardon in exchange for his testimony. Five other men have already been convicted over the assassination.
The court heard that Fenech claimed during police interrogation that then prime minister Joseph Muscat had warned him Theuma was about to be arrested.
According to Arnaud, Fenech alleged Muscat had summoned him to a meeting and asked whether he trusted Theuma. Fenech replied: "Of course not. He records me," before claiming Muscat told him: "Careful, he's going to be arrested."
Arnaud told jurors Muscat denied all of Fenech's allegations, including that he had held private meetings with the businessman at Castille or passed on confidential information about the investigation.
The morning session focused heavily on the final hours before Fenech's arrest in November 2019, with jurors shown a series of WhatsApp and Signal exchanges that prosecutors say charted his attempted escape.
The messages showed Fenech discussing charter flights to Nice, making contingency plans to travel by boat to Sicily, searching for secluded accommodation where he could pay cash and instructing associates to ensure "the coast is clear" before setting sail aboard his yacht.
One exchange also referred to a Times of Malta photographer at Portomaso marina before his first attempt and another showed Fenech asking contacts for cash and legal assistance before his arrest.
Police intercepted Fenech aboard his yacht as it left Portomaso on November 20, 2019.
The defence's cross-examination later shifted attention away from Fenech and onto alternative lines of inquiry pursued during the investigation.
Defence shifts attention Chris Cardona, Keith Schembri
Defence lawyer Giannella de Marco repeatedly questioned Arnaud about Keith Schembri and former economy minister Chris Cardona, pointing to a magisterial report that allegedly identified them as possible masterminds behind the assassination.
Arnaud insisted that report had never reached the police investigation team.
He said he only became aware of the report much later during subsequent proceedings and then sought to have it included in the inquiry.
De Marco also questioned Arnaud about surveillance of the Degiorgio brothers before the murder, the withdrawal of police patrols near Caruana Galizia's Bidnija home and a series of meetings investigators held at Castille.
Arnaud maintained that police, not the Office of the Prime Minister, requested those meetings, explaining they were needed to discuss operational matters such as presidential pardons and decisions that required political authorisation beyond the police commissioner's remit.
Arnaud is expected to resume his testimony on Tuesday as De Marco continues her cross-examination.
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And that's it
6.10pm And after nine hours of testimony, proceedings have come to an end for the day.
We'll be back shortly with a full wrap-up of today's evidence.
Our live coverage resumes on Tuesday as the trial continues.
Defence wanted Arnaud to remain isolated pending next sitting
6.05pm As proceedings draw to a close, defence lawyer Charles Mercieca asks the court to order Arnaud to remain isolated until he resumes his testimony.
Arnaud responds: "I had no doubt that request was coming," adding that he did not want the defence to dictate where he should be kept.
De Marco tells the court she wants to ensure Arnaud does not communicate with anyone before cross-examination resumes.
The prosecution objects, arguing that Arnaud is a senior police officer who has spent the past three days giving evidence and is entitled to go home and rest.
Madam Justice Edwina Grima rules that Arnaud may go home but must not stop at his office.
When Arnaud says he needs to collect some belongings from his office and car, the judge tells him he may retrieve items from his car but should then go straight home.
The defence has no objections.
The judge formally orders Arnaud not to discuss the case with anyone other than communicating with family members on matters unrelated to the proceedings, until his testimony resumes.
Lead prosecutor Keith Arnaud in a file photo.Copy of magisterial inquiry
6pm De Marco asks Arnaud whether he kept the inquiring magistrate updated on developments in the investigation.
Arnaud replies that he did, explaining that investigators regularly met the magistrate, who had the authority to decide which experts to appoint and what investigative steps to order.
He tells the court that police asked for a copy of the magisterial inquiry in the proceedings against the Degiorgio brothers because investigators believed there were other persons of interest. Police requested that the original inquiry remain with the magistrate so it could continue, while a copy was used in the criminal proceedings against the brothers.
Asked whether police knew the inquiring magistrate had ordered the extraction of call profiles belonging to Anthony Mifsud and Chris Cardona's driver, Arnaud replies that the magistrate could order investigative measures without informing the police.
De Marco asks for the cross-examination to continue on Tuesday.
Schembri was 'person of interest' in 2018
5.46pm De Marco refers to a 2018 decree by the then inquiring magistrate, now Judge Neville Camilleri, ordering court expert Martin Bajada to obtain the call profiles for one of Schembri's phone numbers.
She argues this indicated Schembri was already a person of interest.
Arnaud replies that he was unaware the order had been made, explaining that the magisterial inquiry operated independently of the police.
"It is normal for a magistrate to gather information without informing the police," he tells the court.
De Marco then asks Arnaud whether he knows Anthony Mifsud.
Arnaud replies that he does, recalling that Mifsud worked as a security officer at the Malta Freeport and had previously served as a police officer.
Asked whether Mifsud also worked as a security officer under former minister Chris Cardona, Arnaud replies: "I don't know."
'There are crooks everywhere...'
5.35pm De Marco asks Arnaud whether he agrees that Caruana Galizia had written extensively about Keith Schembri and Chris Cardona, saying there were more than 100 articles about Schembri and over 200 about Cardona.
Arnaud says the articles were public and did not constitute evidence in the murder investigation.
"My job was to establish what was happening during that period," he tells the court.
De Marco then refers to one of Caruana Galizia's final blog posts, which featured a photograph of Schembri alongside the caption "There are crooks everywhere."
She asks Arnaud whether that post was important to the investigation, comparing it to his earlier evidence about surveillance at the Marsa potato shed.
Arnaud replies: "I know my job well."
The last post uploaded by Caruana Galizia, minutes before she was killed.Communication with court experts
5.30pm Arnaud is asked whether anyone had ever told him that Keith Schembri and Chris Cardona were among the suspects identified by court experts.
"No," Arnaud replies.
He explains that court-appointed experts could not disclose such information to the police because they answered to the court, not investigators.
"If they had told us, they would have been breaking the law," he says.
Arnaud adds that every communication with the court expert had to be made through formal requests.
Referring to the report discussed moments earlier, he says police only requested it after they became aware of its existence, so they could establish what had happened.
Chris Cardona, Keith Schembri and the murder
5.10pm The defence lawyer turns to the early stages of the murder investigation.
She asks Arnaud to confirm that the inquiring magistrate, now judge Consuelo Scerri Herrera, first summoned Keith Schembri and Chris Cardona for questioning.
"Yes," Arnaud replies.
Asked whether Europol assisted the investigation, Arnaud confirms that it did, saying the agency helped analyse data and also deployed post-blast experts.
De Marco asks Arnaud whether he agrees that Keith Schembri and Chris Cardona had been identified in a report as the masterminds behind Caruana Galizia's murder.
Arnaud replies that the report never reached the police investigation team.
"That report never came to me. For some reason, which I still don't know, it should have been exhibited, but it never was," he tells the court.
Arnaud says he only became aware of the report at a much later stage of the proceedings and notes that it was never presented as part of the magisterial inquiry.
Despite this, the defence somehow became aware of the report before the police did.
Pressed again by De Marco on whether he knew of the report, Arnaud reiterates that he only learned of it later and then did everything he could to have it included in the inquiry.
Chris Cardona.Meetings as Castille
5.05pm Asked about the meetings at Castille, Arnaud tells the court he does not recall any of them being requested by the prime minister.
"I always asked for the meetings," he says.
According to Arnaud, the discussions covered issues including presidential pardons, intelligence gathered during the investigation and the arrest of Theuma.
He says the meetings were not intended to brief the prime minister on the investigation but to seek guidance on matters that required decisions beyond the police commissioner's remit.
He adds that Schembri would often tell him, "We'll speak again," and that the meetings were used to discuss the overall direction of the investigation.
Asked whether the home affairs minister attended, Arnaud says he believes the minister was present at the first meeting in November and most likely also at the meeting concerning Vince Muscat's presidential pardon.
Patrols in Bidnija
5pm De Marco asks Arnaud whether, during the investigation, he checked with officers from the local police station to establish whether patrols had been carried out near Caruana Galizia's home.
Arnaud replies by referring to Mr Wallace, the witness who reported seeing a man keeping watch near the journalist's residence.
Wallace had not reported the incident beforehand and police approached him during the investigation.
De Marco then asks whether the police commissioner accompanied Arnaud to meetings at Castille.
"Yes," Arnaud replies.
Police protection for Daphne
4.55pm Arnaud is asked about police surveillance outside Caruana Galizia's home in Bidnija before her murder.
De Marco refers to evidence given by Matthew Caruana Galizia, suggesting he had told investigators there used to be a police presence near the family home but that it stopped after Lawrence Cutajar became police commissioner.
Arnaud replies that he does not remember.
Asked whether he had investigated the matter, Arnaud responds by asking what evidence there was that Caruana Galizia had been assigned a police patrol.
When De Marco asks whether the issue emerged during the investigation, Arnaud says he was not involved in any decisions concerning Caruana Galizia's protection.
"I don't think I looked into it, and I don't remember," he says, adding that the investigation quickly focused on more significant developments rather than on whether police surveillance had been withdrawn.
The area around the Caruana Galizia house. Photo: Jonathan BorgPre-murder surveillance
4.48pm De Marco turns to police surveillance of the (hitmen) Degiorgio brothers before Caruana Galizia's murder.
Asked whether investigators had been monitoring the Marsa potato shed, Arnaud replies that they had carried out monitoring "as much as we could", as well as searches and arrests.
Arnaud tells the court the brothers were often seen fishing there and that police never witnessed any movement suggesting criminal activity.
He explains that surveillance had to be conducted carefully to avoid alerting suspects. They were also dealing with an organised crime group.
"You can forget following them around without them noticing," he says.
Asked whether either the police or the Security Service had observed anything suspicious despite the surveillance, Arnaud replies: "Unfortunately, no."
Defence questions police surveillance before murder
4.40pm Defence lawyer Giannella De Marco asks Arnaud to confirm that, before 2017, he and Inspector Kurt Zahra were investigating a series of bombings and drive-by shootings.
Arnaud agrees, saying there had been around six bombings and four or five drive-by shootings.
Asked whether the Degiorgio brothers had been persons of interest in some of those investigations, Arnaud replies that they had, but says he cannot elaborate because doing so could prejudice other cases.
De Marco then asks whether the brothers' official phone numbers had been tapped by the Security Service.
Arnaud confirms that they had, but says only their official numbers, not their burner phones, were being monitored.
When asked whether the brothers were also physically followed, Arnaud replies that he cannot answer.
De Marco then refers to previous testimony by the head of the Security Service, who said the Degiorgio brothers had been placed under surveillance at the request of the police.
Arnaud responds that he would only have been informed if the surveillance produced a positive result.
Defence lawyer Gianluca Caruana Curran entering court on Monday.Cross-examination starts
4.31pm The process of cross-examination starts. This is the process where the defence lawyers start questioning the prosecution, in this case, lead investigator Keith Arnaud.
Messages with former Castille official read out
4.21pm The court is shown messages exchanged in November 2019 between Yorgen Fenech and a former Castille official who worked in Keith Schembri's office. The court orders a ban on the woman's name.
According to Arnaud, the conversation begins with the official asking: "Still awake?"
Fenech replies: "I'll have to leave."
When asked where he intends to go, Fenech responds: "Where we went together the first time."
Asked why, Fenech replies: "Because they're going to pin everything on me."
The official asks whether he is consulting a lawyer, to which Fenech replies: "Yes, but Keith is playing his game too."
Fenech later adds: "I'm quite comfortable after talking to her."
The official replies: "So I assume you have a plan... I don't want to ask too many questions. I just want you to know I'm here to help."
According to Arnaud, the official then asks whether Keith Schembri knows they are communicating.
The exchange continues with the woman saying: "He's distancing himself."
Fenech replies: "That's not what he's telling me."
Later, she tells Fenech: "Keith needs to speak to you."
Fenech responds: "I've spoken to him."
Towards the end of the exchange, Fenech says he has not slept all night and adds: "I'm going to Sicily... not because I feel like it, but because I have to. Hopefully they allow me some quiet time."
Arnaud says the Castille official kept sending messages to him but he never replied. Fenech had been arrested by then.
Draft pardon discussed between Schembri, Fenech
4.08pm Arnaud reads another message in which Fenech tells Keith Schembri: "When you have the draft terms of the agreement, we'll tweak them a little."
Arnaud tells the court the draft agreement referred to is the one investigators later recovered from Fenech's mobile phone.
Asked by the prosecution what Schembri said about the exchange, Arnaud replies that, in his police statements, Schembri confirmed he had been in contact with Fenech on the eve of his attempted departure from Malta.
According to Arnaud, Schembri said he had been trying to persuade Fenech not to leave Malta and confirmed that the two had been discussing the draft agreement relating to Melvin Theuma's presidential pardon.
Signal exchange with Schembri
4.03pm Arnaud tells the court that investigators also found further Signal messages discussing €20,000 in cash and waiting to speak to lawyer Giannella de Marco before leaving Malta.
The court is then shown another Signal exchange between Fenech and "Uncle Ray", in which Fenech asks: "Can I count on you on legal fee?"
According to Arnaud, Uncle Ray replies: "Yes... it just depends on how much cash I have."
Arnaud then turns to screenshots of Signal conversations between Fenech and Schembri, which investigators recovered from among more than 100,000 images stored on Fenech's mobile phone.
According to the witness, Fenech asks Schembri: "Do you think it's better if I leave?"
Arnaud says Schembri replies: "Are you still thinking about Gianella?"
Fenech responds: "I don't know. I'll try to speak to her... if not, (lawyers) Tonna Lowell or Franco Debono."
'The mobile is tapped'
3.57pm Police held further meetings concerning Theuma's presidential pardon while awaiting Europol's response.
According to Arnaud, investigators were considering whether to arrest Theuma immediately or wait for further developments in the money laundering investigation involving him.
Arnaud says the last meeting at Castille took place in September or October 2019, adding that the briefings had begun in 2017 and continued until 2019.
The witness then turns to Signal messages recovered during the investigation.
Arnaud says that, in addition to the chats examined earlier, Europol identified screenshots of Signal conversations between Fenech and a contact labelled "George", which investigators determined was being used by Franco Fenech (Yorgen's brother).
According to Arnaud, the messages exchanged on the day Fenech was preparing to leave Malta mirrored WhatsApp conversations already presented to the court.
In one exchange, Franco warns his brother: "Be careful because the mobile is tapped and they've intercepted your call with Logan" (the yacht driver).
Arnaud remained in contact with il-Koħħu
3.42pm Arnaud tells the court he remained in contact with Vince Muscat, known as il-Koħħu, and his lawyer as the investigation progressed.
The plan was to seek a presidential pardon for Muscat if police could corroborate the information he was providing.
He says another meeting was held at Castille on November 18, after investigators received a further update from Muscat and began finding evidence that corroborated parts of his account.
By then, Silvio Valletta had stepped away from the investigation and had given Arnaud the contact of Keith Schembri so that further meetings at Castille could be arranged.
Arnaud stresses that it was the police who requested those meetings, not officials at Castille.
Returning to the November 18 meeting, Arnaud says discussions were largely focused on operational logistics, as there had been few developments.
The meetings at Castille
3.31pm Investigators decided the arrests (of the hitmen) would take place (at the Marsa potato shed) on December 4, 2017. Europol continued assisting police with the analysis of evidence following the operation.
Arnaud also recalls further meetings at Castille on April 26, April 28 and April 29 or 30.
Arnaud said he attended the April 26 meeting together with the police commissioner, the deputy commissioner, Joseph Muscat and Keith Schembri.
A second meeting on April 28 focused on il-Koħħu's presidential pardon and was attended by Arnaud, Schembri, Muscat, the police commissioner, the deputy commissioner, the Attorney General and several members of parliament.
Arnaud says the investigation continued alongside regular meetings with the Attorney General and Europol.
No dates of arrests given
3.27pm During the first meeting at Castille, police did not disclose the names of any suspects, Arnaud stresses.
By the second meeting, however, investigators had identified the suspects and shared their names with those present.
Arnaud said police did not reveal when any arrests would take place, explaining that the timing depended on operational planning.
Investigators first needed to ensure the Armed Forces of Malta and all police teams involved in the arrests were available. They also wanted a Europol representative assigned to each location.
According to Arnaud, police were waiting for confirmations - particularly from Europol - and therefore could not provide any dates because none had yet been fixed.
Meetings with the prime minister
3.25pm Arnaud resumes his testimony, telling the court that police held meetings with then prime minister Joseph Muscat to discuss Theuma's presidential pardon.
The first meeting at Castille was attended by then assistant police commissioner Silvio Valletta, during which investigators briefed the prime minister on possible developments in the murder investigation.
Arnaud says a second meeting before the raid on the Marsa shed took place in the last week of November 2017.
He cannot recall everyone present but says he is certain the attendees included Keith Schembri, Joseph Muscat, the Attorney General, the police commissioner and several others.
Joseph Muscat (left) attending court for a separate case. File photoJudge upholds objection
3.15pm The court is back in session.
Judge Grima upholds the defence's earlier objection to references made by Arnaud about location data extracted from Yorgen Fenech's mobile phone.
The prosecution argues that it had previously exhibited a USB containing mobile phone profiles, including location data, as part of the case file.
However, the judge rules that Arnaud cannot testify about the location data because it was never formally exhibited in the acts of the case.
The judge says the witness may testify only about evidence that forms part of the court record and cannot give interpretations of material that has not been exhibited.
A packed courtroom
3pm Our court correspondent, Clara Farrugia, says Hall 22 is packed with people following proceedings, from journalists to cartoonists to family members. And we are not surprised - this is one of the most anticipated trials in Malta's history.
What emerged so far
2pm Arnaud, the lead investigator, has spent more than three hours testifying. These are the most salient points, gleaned mainly from the recordings that Theuma had with Fenech.
- The former prime minister told Fenech that Theuma will be arrested; Former prime minister denies the businessman's claims;
- After the assassination, Keith Schembri told Fenech: 'You should have told me earlier';
- Fenech told police Keith Schembri asked him in late 2016 to "find someone" after complaining about Caruana Galizia's reporting;
- Court hears how Fenech planned to flee Malta with the help of others.
Daphne Caruana Galizia's son, Paul, leaving court on Monday. Photo: Chris Sant FournierObjection to location data reference
1.10pm Lawyer Charles Mercieca objects to Arnaud's reference to location data extracted from Fenech's mobile phone, arguing that the material does not form part of the acts of the case and therefore should not be referred to in evidence before the jury.
Responding for the prosecution, Attorney General lawyer Anthony Vella argues that Arnaud is merely recounting the findings of the police investigation and that the jury, as judges of fact, should ultimately assess the evidence.
"There is no law that precludes the admissibility of this evidence at this stage," Vella submits, adding that the court will later direct the jury on how such evidence should be treated.
However, Madam Justice Edwina Grima expresses reservations, telling the prosecution that if the material is not included in the acts of the case, it should not be referred to before the jury.
"If it's not in the acts, we cannot hear about it," the judge says, adding that the prosecution should have included the material beforehand if it knew Arnaud intended to refer to it.
The judge will decide after the break.
Muscat rejects Fenech's claims
12.55pm Arnaud tells the court that investigators examined messages after Fenech claimed Joseph Muscat had passed on information about the investigation.
According to Arnaud, police recovered a chat between Fenech and Joseph Muscat in which Fenech wrote: "I'll see you later, Prime Minister."
Muscat replied: "Yes, see you tomorrow at 1.30pm."
The following day, the conversation continued, with Muscat asking: "Did you enjoy it?"
Fenech replied that there had been many people around him and that he had felt shy.
Arnaud tells the court that police questioned Muscat about Fenech's claims. He said Muscat denied all the allegations, including that the two had met privately at Castille or that he had passed on information about the investigation.
Arnaud adds that investigators also examined Fenech's phone data after he claimed to have visited Castille twice, checking its location history as part of their inquiries.
The defence lawyers raise an objection. The jury is asked to leave the courtroom.
Fenech's meeting with Joseph Muscat
12.51pm Arnaud tells the court that, in one of his police statements, Fenech described a meeting he had with prime minister Joseph Muscat.
According to Arnaud, Fenech said the prime minister had summoned him, gave him a gift and then asked about Melvin Theuma.
Arnaud says Fenech claimed the prime minister asked whether he trusted Theuma.
According to Fenech's statement, he replied: "Of course not. He records me."
Arnaud tells the court that Fenech also claimed the prime minister told him: "Take care, he's going to be arrested." (Ħu ħsieb dak ser jiġi arrestat).
'You should have told me earlier'
12.45pm Arnaud continues reading out the messages.
Fenech tells Theuma: "Now I'll tell you the truth... He got into this because of me. He went into the fire because of me."
Fenech also describes a meeting with Schembri, during which Schembri allegedly told him what Vince Muscat, known as il-Koħħu, had said during police questioning.
In the same recording, Fenech says: "This one is a friend, but I don't trust the other one, Valletta (the former police assistant commissioner)."
Arnaud also quotes Fenech referring to Schembri's illness (which Daphne had written about), saying: "She had said he only had a few months to live... As far as I know him, I know him very well. Very few people know him as well as I do."
According to the recording, Fenech says he asked Schembri whether he had done anything wrong, to which Schembri allegedly replied: "You should have told me earlier."
The recording concludes with Fenech telling Theuma: "It's not because of me that all this happened... Even if that hadn't happened, you'd still be my friend. I'm the one who has to carry the burden now... Didn't I mess it up?"
'The government will panic'
12.26pm Arnaud continues reading from recordings between Fenech and Theuma, telling the court they reveal growing fears that the investigation was closing in.
According to Arnaud, Theuma asks Fenech: "Do you remember giving me the €150,000?"
Fenech replies: "Yes, I remember."
Theuma then says the Degiorgios are not targeting Fenech because "you're their salvation", before suggesting the real betrayal came from Keith Schembri rather than the Degiorgio brothers, whom he says had remained quiet in prison.
Arnaud says Fenech is then heard speculating that investigators may have pressured one of those involved into revealing limited information to create panic among the others.
According to the recording, Fenech says: "The government will panic... then it'll reach me, and I'll panic you."
The witness also quotes Fenech as saying: "I never told you this wasn't a big problem. I'll do whatever I can."
Arnaud tells the court that Fenech then says he had called Schembri the previous day, adding: "He told me, 'I have helped you?' and I told him, 'You haven't helped me at all.'"
Fear creeps in
12.17pm At one point Fenech told Theuma: "You took that man from A to Z, yet I'm the one who has to worry."
Theuma replies: "You don't have to worry because, if they get to the point of exposing anyone, they'll mention me."
In another exchange, Theuma tells Fenech: "il-Fulu, il-Koħħu and Ċiniż (the hitmen) are aware of you."
Fenech responds: "No, they don't know me."
Theuma insists: "I swear on my son, I never mentioned you to them... You have nothing to worry about."
Arnaud tells the court that investigators believed another conversation formed part of what Theuma described as a plan to make him panic after Vince Muscat, known as il-Koħħu, began speaking to police.
Theuma later came to suspect that Muscat had not, in fact, spoken to investigators.
Melvin Theuma leaving court in a part sitting.Fenech's version challenged
12.12pm Arnaud quotes further recordings which, he says, contradict Fenech's account to police.
In one recording, Fenech is heard giving Theuma money to go on holiday and calm down, a fact that, according to Arnaud, was also confirmed by Edgar Brincat, known as il-Ġojja, in his police statement.
Arnaud quotes Fenech telling Theuma: "Prepare... destroy everything... throw away the SIM card."
In another recording, Fenech and Theuma discuss Caruana Galizia's laptop, which at the time was being to investigators in Germany.
According to Arnaud, Theuma told Fenech whether he had spoken to the magistrate and the prime minister about the laptop, to which Fenech replies: "That would be the biggest mistake of my life."
The court also hears recordings about continued payments to the Degiorgio brothers.
According to Arnaud, Theuma refers to money being passed on to the brothers, while Fenech confirms he is helping them and intends to continue doing so.
The witness says Fenech is also heard saying: "We can't make mistakes because we'll drag more people into trouble."
In the same recordings, Arnaud says, Fenech complains about the Degiorgio brothers bail issue.
'I messed it up'
12.01pm The investigator explains that none of the secretly recorded conversations support Fenech's claim that the initial €50,000 payment was intended to prevent Caruana Galizia's murder.
According to Arnaud, the recordings point in the opposite direction.
The witness says Fenech is heard telling Melvin Theuma: "I messed it up... there's nothing you can do now."
In another exchange, Fenech says: "Let's not drag more people into the net... Keith sent for me to help."
Arnaud tells the court that those conversations were inconsistent with the version of events Fenech later gave police in his statements.
Arnaud challenges Fenech's timeline
11.57pm Keith Arnaud tells the court that, in his police statement, Yorgen Fenech claimed he asked Melvin Theuma to find someone after Keith Schembri allegedly told him to do so.
According to Arnaud, Fenech said that once Theuma found a person, he informed Schembri, who allegedly replied: "Go ahead."
Arnaud says Fenech also claimed he gave Theuma €50,000, insisting "this wasn't for the murder."
However, Arnaud tells the court that Fenech's version of events did not match the timeline established by investigators.
Arnaud says the hitmen's own statements were consistent with the police timeline, leading investigators to repeatedly challenge Fenech's account.
The court also hears that, when questioned about a payment of €120,000, Fenech told police he would answer "at the appropriate moment", but never did.
According to Arnaud, Fenech did acknowledge making payments totalling €450,000, a figure that matched the amount Theuma had previously told investigators was passed on.
Keith Schembri.'Fenech said Schembri told him to find someone'
11.52am The prosecution asks Keith Arnaud to explain what Yorgen Fenech told police about the messages concerning his planned departure from Malta.
Fenech insisted he had not intended to flee, despite what investigators believed the messages and other evidence indicated.
Turning to the murder itself, Arnaud says Fenech maintained that the money he had paid was not intended to finance Caruana Galizia's killing.
The witness tells the court that Fenech claimed events dated back to late 2016, when Keith Schembri allegedly complained that Caruana Galizia was writing about him while he was ill.
According to Arnaud, Fenech said Schembri told him to "find someone".
Court in session
11.45am The court is back in session. The jurors are out to continue hearing the testimony of Arnaud.
A break
10.55am The judge has ordered a break in proceedings. We'll be back around 11.30am for the second part of the lead investigator's testimony.
Yorgen Fenech's boat at Portomaso. Photo: Jonathan BorgMessages at 4.30am
10.50am Arnaud continues reading messages exchanged between Fenech and the contact saved as "Logan Riva".
In one exchange, Fenech tells Logan he has "come for a walk at the marina."
When Fenech asks how long the journey will take, Logan asks whether he means by boat or by car, before replying that the drive would take around 12 hours, although they could instead catch a ferry.
The court then hears messages exchanged at around 4.30am.
Logan tells Fenech he has received a message from Clive, who needs to speak to him urgently.
Fenech replies that "there are people taking pictures... they think we're going to make some grand escape."
Captain warns: 'There's a Times photographer'
10.42am The court is shown another exchange of messages, this time between Fenech and a contact saved as "Logan Riva", believed to be the captain of the boat.
The conversation, dated November 19, 2019, begins with Logan telling Fenech: "Franco told me to prepare Riva for Sicily."
Fenech replies: "Yes," before asking how much cash is needed.
According to Arnaud, Logan replies that no money is required if the boat is going to the yard, but Fenech responds: "I really need this."
Logan then warns: "Don't come. There is a photographer from Times."
Fenech replies that "nothing will happen" and instructs Logan that, if questioned, he should say the boat is under maintenance.
The exchange ends with Fenech saying: "We're offshore tomorrow."
After Logan confirms the "coast is clear", Fenech replies: "Make sure the coast is clear 100%."
'Be careful with cash'
10.40am Arnaud continues reading messages exchanged between Fenech and his brother as they discussed plans to leave Malta.
According to Arnaud, Fenech's brother warns they need to be careful with cash, saying police might stop them.
When Fenech asks why, his brother replies that Logan, believed to be the boat captain, needs €5,000.
Fenech responds that he has €20,000 in cash.
According to Arnaud, Fenech says he will leave with Logan by boat, while his brother and Simon should travel by ferry. He also tells his brother to "get feedback from Aunty."
Plan to flee
10.21am The court is shown another exchange of messages in English recovered from Fenech's phone.
Fenech asks a contact: "Can you find me a small place for two weeks... I pay cash."
The contact initially offers to host him, but Fenech replies that he needs "privacy... a house or hotel."
The contact then sends links to several Airbnb properties, offering to book one under their own name.
Fenech eventually replies: "Take it for me tomorrow for two weeks and I come Thursday."
'We're running out of time'
10.32am The court is shown another series of messages recovered from Fenech's phone, this time exchanged with his brother (referenced as Papa on his phone) on the morning before his arrest.
According to Arnaud, Fenech begins by saying: "Good morning, boss... Call Uncle Ray now. Today they're already speaking about it in the press."
His brother replies: "You need to be somewhere safe."
Fenech says he is thinking of calling Gianella, prompting his brother to respond: "You should have done that ages ago... Don't leave it too long."
The exchange then turns to possible escape plans.
His brother suggests travelling to Sicily by Riva, before continuing on to Paris, where they could "organise everything" with Gianella.
Fenech insists he does not want to leave before speaking to her.
"We're running out of time," his brother replies.
Fenech responds that he only wants to speak to Gianella once before leaving, but his brother urges him to "speak to her from abroad."
'Times are here'
10.12am Arnaud continues reading messages exchanged later that evening as Yorgen Fenech was at Portomaso Marina.
According to Arnaud, Fenech messages: "Times (of Malta) are here."
Uncle Ray replies: "Someone tipped them off."
Fenech responds that he will look into leaving by air, adding that a 11.30pm flight is available.
Uncle Ray then says someone is needed at the marina, prompting Fenech to reply: "Franco can't keep his mouth shut... he thinks he's helping."
When asked who might have informed the media, Fenech replies: "Ivan told me because he was in the newsroom and heard them talking."
At that point, the judge asks who "Ivan" is.
Arnaud explains that Ivan was a journalist.
Allied Newspapers later said they dismissed journalist Ivan Camilleri after receiving “reliable information” about communications with Yorgen Fenech, among others. The tribunal later upheld Camilleri's claim of unfair dismissal, citing 'procedural deficiencies' in the case.
'Nothing is going to happen today'
10.08am According to Arnaud, Uncle Ray tells Fenech: "Be safe."
Fenech replies: "Take care of them," referring to his family, before adding: "Only God knows what will become of me."
The exchange then turns to money.
Uncle Ray tells Fenech that Franco has plenty of cash, but Fenech replies: "Not now."
Uncle Ray suggests they can later rely on bank cards, prompting Fenech to warn: "Be careful with card transactions – tracing."
The court also hears Uncle Ray telling Fenech that he has spoken to "K".
Fenech replies: "Keep calm. Nothing is going to happen today."
Uncle Ray responds with a final warning: "OK, but don't trust anyone."
Check with 'K'
10.05am Arnaud continues reading messages exchanged between Fenech and 'Uncle Ray' on November 19, 2019, the day before Fenech's arrest.
Fenech tells his contact there are "no flights to Paris", adding: "I'd like to speak to her before I leave."
When Uncle Ray replies that she is not answering, he advises Fenech to "check if the airport is safe" and, if so, "leave through the VIP terminal."
Fenech responds: "I don't trust it... I think by boat."
Uncle Ray then tells him to "check with K", adding that "Simon and Franco will come with you." Arnaud confirms that 'K' is Keith Schembri.
The court also hears that Uncle Ray sent Fenech news articles identifying Melvin Theuma as the main suspect in the murder investigation.
Later in the exchange, Fenech asks whether Uncle Ray has any cash. Uncle Ray replies that he has €70,000 "at Diona".
Fenech responds that he does not need it immediately but says he wants to make sure "I don't leave my wife with nothing."
Fenech asks Uncle Ray to "please keep an eye on my children" and "take care of them," to which Uncle Ray replies: "Be safe."
'Go somewhere safe'
10am Arnaud reads further messages exchanged between Yorgen Fenech and "Uncle Ray" on the eve of his arrest.
According to Arnaud, Uncle Ray warned Fenech: "Another story is coming out in Times tomorrow," adding that the information had come from Frank Psaila.
Fenech replied: "OK, I'll speak to Gianella (de Marco, criminal lawyer)."
Arnaud says Uncle Ray then told Fenech he would call her himself and urged him to go somewhere safe "while there's still time".
Fenech responded: "See if Giannella can come to my house... I'd like to speak to her before I go."
Defence lawyer Giannella de Marco entering court on Monday. Photo: Matthew MirabelliFlight to Nice
9.53am Arnaud tells the court that investigators found a series of urgent messages exchanged on November 19, 2019, the day before Yorgen Fenech's arrest, concerning flights from Malta to Nice.
The messages were exchanged with a contact saved in Fenech's phone as "Pilot of son".
According to Arnaud, the contact sent Fenech several flight options, including one that would have cost around €13,000.
A chat with 'Uncle Ray'
9.47am Arnaud tells the court that, when Fenech was arrested in 2019, police seized his iPhone and handed it over to forensic experts.
Within a day, investigators had obtained a partial extraction of the phone's contents.
Arnaud says one chat in particular stood out - a conversation with "Uncle Ray". It begins with a link to a Times of Malta article published on Sunday, November 17, 2019, quoting the prime minister about the Caruana Galizia murder investigation.
Documents, recordings on the table
9.37am Attorney General lawyer Godwin Cini refers to a number of documents and discs placed on the table in the centre of the courtroom and asks Keith Arnaud to explain what they are.
Arnaud tells the court they are DVDs containing audio and video recordings of interviews he conducted together with Inspector Kurt Zahra.
The recordings relate to several sessions with Johann Cremona, a business associate of Yorgen Fenech who also knew Melvin Theuma.
They also include audio and video recordings of three interview sessions with Dr Adrian Vella.
The jury is also shown recordings of police interviews with former chief of staff Keith Schembri, which form part of the evidence in the case.
Juror issue
9.25am Just before lead investigator Keith Arnaud resumes his testimony, proceedings are unexpectedly suspended after an issue arises involving one of the jurors.
The judge orders a short break. It is not yet clear what has happened to the juror.
Arnaud takes the stand
9.15am The court is in session. Keith Arnaud, the lead investigator and assistant police commissioner, takes the stand.
Keith Arnaud (left) leaving court on Friday.Inside Hall 22
9.05pm We are inside Hall 22. The prosecution, defence lawyers, parte civile and witness are here. We are just waiting for Judge Edwina Grima to enter the hall and summon the jurors.
What happened so far?
These are the wraps of the four days of trial so far:
Saturday: Theuma named Fenech as mastermind, as Schembri sought to contain fallout
Friday: Jury hears 'I need to kill Daphne Caruana Galizia' claim
Thursday: Daphne would be alive had Fenech not paid for murder: prosecutor
Wednesday: After seven years, Fenech on trial over Caruana Galizia murder
Daphne's sister: 'Long overdue'
8.45am The victim's sister, Mandy Mallia, published a Facebook post on Monday stressing that justice was long overdue.
"The military-grade, petrol-reinforced bomb ordered specifically to kill Daphne not ‘just’ maim her... it ended her life, but her work and memory live on," she wrote.
"Justice for her and for her stories, however, is long overdue. Malta failed Daphne in life; it should now step up and serve her with justice."
Times Talk on the trial
In case you missed it, Mark Laurence Zammit sat with our main court correspondent, Clara Farrugia, on Friday to discuss the ongoings of this complex trial so far. Here it is:
Who are the main players?
8.35am Let's take a look at the key figures in this complex case.
Yorgen Fenech: a business tycoon and heir to a family fortune, and the man in the dock: Fenech is accused of complicity in Caruana Galizia's murder;
Melvin Theuma: a taxi driver who worked for Fenech and who has testified that he served as a middleman between Fenech and the alleged hitmen;
Vince Muscat, Alfred Degiorgio, George Degiorgio: the convicted hitmen;
Robert Agiusm Jamie Vella: The suppliers of the bomb;
Keith Schembri: a friend of Fenech's and the chief of staff to Joseph Muscat when he was prime minister;
Edwina Grima: the presiding judge;
Keith Arnaud, Kurt Zahra: the lead police investigators and prosecutors;
Godwin Cini, Anthony Vella, and Danika Vella: the lawyers leading the Attorney General's office prosecution;
Giannella de Marco, Gianluca Caruana Curran, Charles Mercieca: Yorgen Fenech's legal team;
Jason Azzopardi, Therese Comodini Cachia: lawyers appearing for the Caruana Galizia family.
Read Jacob Borg's full Who's Who guide to the case.
8.30am Welcome to the fifth day of one of the most anticipated criminal trials in Malta's history. After a break on Sunday, the lead investigator in the case will take the witness stand to face the judge and jury. We expect another long day.