Melvin Theuma told a jury how murder suspect Yorgen Fenech ordered him to "look for Ta’ Maksar" after learning that one of the hitmen had begun revealing details about the bomb used to kill Daphne Caruana Galizia.
The self-confessed middleman was testifying in the trial of Jamie Vella and Robert Agius (Ta' Maksar), who stand accused of supplying the bomb that detonated in the journalist's car on October 16, 2017.
During hours of testimony on Thursday, Theuma described waking up in 2018 to find messages on his phone from Fenech, who is awaiting trial for complicitiy in the October 2017 assassination.
"I called Yorgen Fenech and told him ‘you should have never got me involved in this’", Theuma told the court.
He said Fenech sent him a message: "go and look for Ta’ Maksar because il-Koħħu [hitman Vince Muscat] is revealing that the bomb was prepared by them".
Theuma, who turned state witness in exchange for a presidential pardon, provided an account of the plot to assassinate Caruana Galizia, from early discussions prior to the 2017 election to its execution months later.
He described how Fenech, a wealthy businessman involved in government projects, feared Caruana Galizia would "leak information", and how he told Theuma to commission the murder.
Theuma described commissioning Alfred Degiorgio to carry out the hit for €150,000.
The witness's voice broke in court as he described the moment the plot suceeded, learning from a television news report that the bomb had detonated, killing the journalist.
"That moment I felt remorse and I was fearful," he said. "I am still remorseful to this very day. I became a slave to sin."
Theuma admits he acted as a middleman between Fenech and Degiorgio.
George and Alfred Degiorgio and Vince Muscat are all serving prison sentences for planting the bomb that killed the journalist. Muscat is likely to appear as a key witness in the trial.
In court, Theuma described feeling suicidal amid the fallout of the assassination, the pressure to continue to pay the Degiorgios after their arrest and his fear that he, too, would become a murder victim.
He described feeling "betrayed" by both Fenech and his "good friend" Keith Schembri, the former prime minister's chief of staff, who Theuma suggested was linked to the plot.
Theuma decided to record his conversations with Fenech and kept the recordings in an ice cream box, which he had on him in November 2019, during his arrest for financial crimes.
Prosecutors believe the Maksar group had longstanding criminal ties and were involved in multiple murder plots. Agius, Vella, another Maksar brother, Adrian Agius, and George Degiorgio also stand accused of the murder of lawyer Carmel Chircop in this ongoing trial.
The trial was suspended on Thursday afternoon, after it emerged that a reserve juror had made more than 3,000 online searches on a tablet during the first week of proceedings.
He was dismissed for breaking strict rules and the trial suspended until 9am on Friday when court expert Martin Bajada will present a full report.
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Case deferred until Friday
3.04pm With that information, the defence teams jointly ask for the jury to be suspended until Bajada finished his task and draws up his report on the reserve juror.
The court ordered Bajada to finish his task by 9am tomorrow and deferred the jury until then, when we will hear his report and the case will continue.
Thank you very much for joining us.
What the disqualified reserve juror was looking at
2.46pm Earlier, we reported that a reserve juror was disqualified for having a tablet in his possession, contrary to strict court rules against electronic devices.
Technical expert Martin Bajada has spent the morning analysing that tablet. He found more than 3,000 searches between April 24 and 30. This trial began on April 24.
The searches show the reserve juror looked at articles on several online news sites, including Times of Malta, which he accessed on April 27th with a headline that included the words 'jury trial'. He also accessed the Church-run news organisation Newsbook on April 24 and the PN-owned Net news. He downloaded a guide on jury duty from Third Eye. And he looked at something on Malta Post.
Bajada says he needs more time to discover whether the reserve juror contacted anyone about the ongoing trial via message, Facebook or any other apps.
Who's Who
2.41pm It can be confusing trying to keep track of the many characters involved in this web of a case. Here, however, are the six main people who have either confessed, are on trial, or are awaiting their day in court.
This ongoing trial only concerns the alleged bomb suppliers, Robert Agius and Jamie Vella.
The people linked to the murder of Daphne Caruana Galizia. Photo: Christian Busuttil/Design StudioJoin us after the break
1.25pm We're on a break now until 2.30pm.
When we come back, we will probably have an update to the story we brought you earlier about the reserve juror, who was disqualified after a tablet was found in his room.
Thanks for joining us.
'Man, I will not take responsibility for it'
1.15pm Theuma describes picking Fenech up from the airport after leaving Mario Degiorgio's house. Fenech was with his children.
Theuma recorded the conversation and describes it now.
Yorgen Fenech: What happened?
Melvin Theuma: I told him. What happened? Kenneth came, and said that on 22nd they’ll get bail and get €1 million.
Yorgen Fenech: I don’t know man. I will not take responsibility for it.
Melvin Theuma: Kenneth did not fall from the sky, someone sent him, he did not fall from the sky.
Theuma then threatened to drive Mario Degiorgio to Keith Schembri’s house in Mellieħa to speak to him. Theuma said he had linked Kenneth Camilleri to Keith Schembri and Yorgen Fenech. The latter two "are very good friends", he says.
A promise of a million in a suitcase
1.05pm Theuma didn't respond to the message. He then received a call from Johann Cremona, known as is-Siġar. They knew each other because Theuma has a shop in Qormi that he rented out to Cremona and Fenech for betting agency Bestplay.
Cremona went to Theuma’s house at around 8pm along with a man called Kenneth Camilleri. This was in 2018.
Cremona asked him "what happened" with Fenech. Theuma said all he wanted was for the three hitmen to get bail. At this point, Kenneth Camilleri moved away and called someone on his phone.
"He came back and told me 'go deliver this message that they will be given bail on 22nd and will get a million each in a suitcase'. He instructed me to go immediately," Theuma recounts.
He went to Mario Degiorgio's house at 8.30pm and delivered the message.
“Is it true," Degiorgio asked. "Yes, tell them," Theuma replied.
'Look for Ta' Maksar'
12.58pm Theuma said he went to sleep and when he woke in the afternoon, he found messages on his phone from Fenech. "I called Yorgen Fenech and told him ‘you should have never got me involved in this’".
Fenech sent him a message: "go and look for Ta’ Maksar because il-Koħħu [Vince Muscat] is revealing that the bomb was prepared by them".
Theuma ignored the message because he didn’t understand why he used “morru”, the plural 'you' form of the verb, and he did not know who Ta’ Maksar were.
Theuma has been giving evidence for several hours but we are just now hearing mention of the people who are on trial in this case: the alleged bomb suppliers Robert Agius, known as Ta' Maksar, and Jamie Vella.
Robert's brother Adrian Agius, is also known by the same nickname and is on trial for the murder of Carmel Chircop, but he does not face charges in relation to the Caruana Galizia assassination.
Betrayed by 'Keith Schembri and Yorgen Fenech'
12.51pm Theuma describes being depressed upon leaving Mario Degiorgio's house. In the morning, he called lawyer Jason Azzopardi and told him he wanted to "speak to you about the big case". Azzopardi told him he was abroad and directed him to speak to Karol Aquilina but Theuma didn't speak to anyone.
He started feeling "betrayed" and "crazy".
Asked who he felt was betraying him, he said: "At the time, I felt Yorgen would. But then, thinking about it, I thought both Keith Schembri and Yorgen Fenech could betray me."
'Install Signal'
12.44pm Fenech tells Theuma to install Signal, an encrypted messaging app, on his phone. “It is like Whatsapp but more secure, for whatever is said is not heard [through tapping]," Theuma explains to the jury.
Once the app was installed, Theuma did as directed, bought pizza and delivered it to Mario Degiorgio, along with the news about hitman Vince Muscat "talking to the police".
That night Mario Degiorgio called prison and asked to speak to his brothers, but prison officials would not allow him to do so.
Another problem
12.39pm Theuma details a conversation with Fenech.
Fenech: There is a big problem.
Theuma: What problem?
Fenech: Vince Muscat is revealing everything to get a presidential pardon.
Theuma: What about Vince? I never spoke to him about the murder.
Fenech instructed Theuma to go buy pizza, pay for it using a bank card and take it to Mario Degiorgio to inform him about Vince Muscat.
Recordings begin
12.37pm Theuma says that once Fenech called him in the evening and asked him to go to Żebbuġ. On the way, Theuma decided to start recording his conversations with Fenech. He placed the mobile phone in his sock, put it on airplane mode and started recording.
'Be afraid of those on the inside'
12.28pm The money requests from the inmates were piling up. Theuma said he told Mario Degiorgio to "be careful about the money", explaining, "I could die the same way Daphne died".
But the message he received back was: "Be afraid of those on the inside, not outside, because those on the inside could reveal things”.
Theuma got more requests for money, to foot the bill of some Italian experts, a receipt of over €70,000 for defence lawyer William Cuschieri and school fees. Fenech was paying some of this money from €20,000 given to him by Fenech and some from his own money.
Once Theuma was at the aquarium and was told that George Degiorgio needed €60,000 for bail. Fenech and Theuma already had an agreement that Fenech would pay this once the hitmen were released on bail.
But Mario Degiorgio wanted the money to be paid in advance and deposited in a bank account belonging to George Degiorgio’s mother in law, so that bail would be paid without any questions.
Fenech became angry about this new request but gave the money to Theuma, who passed it on to Mario Degiorgio.
More money
12.20pm Theuma would frequently go to Mario Degiorgio's house in Marsa and would speak on the phone to the two inmate brothers. The conversations they had were “nothing out of this world," Theuma tells the court.
Three weeks later, Mario Degiorgio asked for an additional €30,000. Fenech complained but paid up. When Theuma later counted it, he found it was short by €5,000 - the amount Fenech had previously given him for his family holiday.
Theuma added the €5,000 and handed it over to Mario Degiorgio.
€30,000 for a lawyer
12.15pm Theuma began communicating with a third Degiorgio brother, Mario, who told him Alfred and George needed €30,000 to pay a lawyer. Theuma went to Fenech to ask for the money. Fenech said “he had been waiting for it [the request]” and paid the €30,000, which Theuma passed on to Mario Degiorgio.
In the meantime, Vince Muscat’s wife wanted to know who was paying the €100, and sent a message through il-Lolly. Melvin Theuma stopped giving her the money.
And since Mario Degiorgio and Theuma became friends, he started giving him the €200 for prison plus the meat shopping (€150 value). Theuma says he kept paying this money from his own pocket up to his arrest.
Suicidal thoughts
12pm Theuma says that he contemplated suicide. Once he went on the roof to jump. But then he thought that if he died, "the story is dead and Yorgen Fenech would celebrate." He did not jump.
A week after the arrests, he began paying the hitmen €100 each. And he also paid €300 a week to a go-between, Lawrence Pace, known as il-Lolly. This was all from his own money since the hitmen only knew Theuma was involved.
Theuma says Fenech began fearing Theuma would "do something". Once Fenech gave him €5,000 because Theuma "was not looking well", and Theuma used the money to go abroad with his partner, son and mother-in-law.
When Theuma told Fenech he was paying the hitmen, Fenech ignored him. Theuma insists to the court he did "not even get a cent" from the murder. “For this murder, I took absolutely nothing out of it”, he says.
'Things got bad'
11.57am After the raid, Theuma says things got "bad" for him. “I started praying to God that I do not wake up," he tells the court.
When the three hitmen - George and Alfred Degiorgio and Vince Muscat (il Koħħu) - were arrested, Theuma worried that "they would speak about me". He was mostly worried about the Degiorgios because he had never spoken to Muscat.
He began fearing Yorgen Fenech. "If he could kill Daphne, he could kill me easily". He reminds the jury that he had never mentioned Fenech's involvement when he was acting as go-between to the hitmen.
“Had he killed me, the story would have died," Theuma says. He drew up a will the day after the arrests.
"So if he [Yorgen Fenech] kills me my inheritance is sorted. I wasn't threatened but I was full of fear. Fear and remorse,” Theuma says.
Big problems
11.51am Around a month later, Fenech and Theuma met in an alleyway leading to the farmhouse in Zebbuġ. "They [the hitmen] have problems". The investigators had found the message that detonated the bomb.
Some time later, when Fenech was in a taxi at the Hilton, Fenech called him over.
Fenech said: “They have big problems.”
Theuma: "Why?"
Fenech: "On the 5 [December] there will be a huge raid on the murder of Daphne Caruana Galizia."
Theuma: "Do I tell them?
Fenech: "Yes, go tell them now."
The raid took place on December 4.
Extra money
11.45am Seven days later, Theuma met Alfred Degiorgio in a garage in Marsascala, where he asked for an extra €5,000 for a rental car and binoculars. Theuma paid him the remaining €125,000 for the hit. Theuma paid the extra €5,000 out of his own money. He tells the court he didn't want to come across as a cheat.
Reassurance from Fenech
11.37am Theuma called Fenech the day after the murder, and went to level 21 in Portomaso where Fenech was inside having a meeting. Turab Musayev was also there.
Fenech took Theuma to a different room and Theuma said he was scared and remorseful. Fenech told him not to worry, since the foreign police work like those in Malta, Theuma testifies. He was referring to reports the FBI and others were going to help in the investigation.
The murder, and 'immediate remorse and fear'
11.30am Theuma describes a meeting at the potato shed and the first time he spoke to Alfred's brother, George, about the murder. He said he never spoke to the third hitman, Vince Muscat, about it at all. Six to seven days before the murder, he could not reach Alfred on a burner phone.
On October 16, he finished a day working in his taxi, went home, made a coffee and switched on the TV. He said he saw on the news that "they had placed a bomb to [kill] Daphne".
"That moment I felt remorse and I was fearful," he told the court. "I am still remorseful to this very day. “I became a slave to sin," he said, his voice breaking.
He recalls a time when he had once given Caruana Galizia a free taxi trip home, after her car tyres were punctured.
'Make sure it doesn't turn out like Romeo Bone'
11.23am Once Yorgen Fenech called Theuma and told him about a bomb that maimed a man called Romeo Bone. 'Listen make sure that if they do a bomb, it does not turn out like in Bone’s case,” Fenech allegedly told Theuma, who relayed the information to Alfred Degiorgio.
Fenech also allegedly gave information to Theuma on places Caruana Galizia would frequent: a cafe in Naxxar and a restaurant in Rabat.
Fenech would frequently insist to "go ahead". Alfred Degiorgio would ask for more time.
The vantage point
11.18am Theuma describes various meetings with Alfred Degiorgio at the potato shed. Once Degiorgio took him to Bidnija, to a "vantage point" where they were observing Daphne Caruana Galizia.
They took him to Bidnija to show him the work that was being done, Theuma explains. "Alfred used to tell me, 'I need to do it in my own time. Because God forbid anything goes wrong.'"
'She'll leak information'
11.14am During one conversation, Theuma said Fenech told him: "Go tell him to kill her because she'll leak information" Theuma said he understood this information was not about his uncle, Ray, but about Yorgen himself.
Money handed over for murder
11.09am Some two weeks later, Yorgen Fenech asked Melvin Theuma to drive him to the airport. At Portomaso, Fenech gave him an envelope with 150,000 euro in cash, and said “here take it”.
Theuma asked what it is and Fenech allegedly replied: "the 150K for Daphne’s murder"
Theuma replied, "I didn't tell anything to Alfred Degiorgio because you had drinks", refererring to Theuma's concerns his boss was intoxicated. Fenech answered: "You can go tell him tomorrow."
The next day he met Degiorigo and gave him the 30,000 deposit.
“From that day, onwards, Yorgen Fenech ta’ Tumas bombarded my phone,” Theuma tells the court.
Order to 'move ahead' with murder
11am Theuma explains that he is a bookmaker. Yorgen Fenech bet €150,000 that Labour would win. On the day of the election, Theuma voted and was travelling to Gozo but Yorgen Fenech asked him to "stay guarding Keith Schembri". Labour won the election and Fenech doubled his money to €300,000.
After eating that day, Theuma says Fenech called him to "move ahead". Theuma asked where, Fenech replied: "Daphne Caruana Galizia's murder". Theuma felt that Fenech was intoxicated so did not act immediately. Theuma travelled back from Gozo to give Fenech the 300,000 euro winnings at Fenech's Żebbuġ farmhouse.
An election, and a pause
10.53am On the day the election was announced, Yorgen Fenech asked to meet Melvin Theuma. He told him how he had spoken to Alfred. Fenech told him "to halt everything". Alfred told him nothing had happened yet. Theuma paid Alfred €1,500.
A job from Castille
10.42am Theuma then describes being offered a job at Castille, the office of the prime minister. Fenech told him he would receive a call from a Sandro Craus, which he subsequently did. Craus told him that he has a meeting with chief of staff Keith Schembri at 3pm. Schembri gave him a tour of Castille, and they were photographed together. He was then informed that he has a job with the government. Theuma said he could not do it, because of his taxi work and he wouldn't exchange it for a government job. But they told him not to worry, he does not need turn up, he testifies.
The next day he went for a five minute interview with Tony Muscat and a woman. Tony Muscat gave him a cheque by hand and the rest came by post. There were cheques of some €800-850.
"After leaving from Castille, I called Yorgen Fenech and told him they gave me a job and Yorgen Fenech's reply was: 'Isn't that better? Even more pay.'
150,000 euro hit
10.35am Theuma describes getting his hands on a number for Alfred Degiorgio, George's brother. Theuma called Alfred and they met the following day at some potato sheds.
Theuma says he told Alfred: “I have someone who wants to kill Daphne Caruana Galizia”. Alfred replied: “But does he pay?”
Theuma explained that he never revealed Yorgen Fenech who wanted Caruana Galizia dead.
They were to meet at Busy Bee cafe in Msida and asked for a 30,000 euro deposit, with the hit costing 150,000 euro in total. Theuma says he then met Fenech and put the proposal to him. "I'll speak to you," Fenech allegedly replied.
It's important to note, this is not Yorgen Fenech's trial. He's awaiting a date for that. But his lawyer Charles Mercieca is in the court room today.
'Get him to kill Daphne'
10.29am Theuma recounts how things changed one day, at around 4.30pm, and three weeks before then prime minister Joseph Muscat called a snap election in 2017. Fenech called him while he was at home and asked him if he had some time to go to the Blue Elephant restaurant. He went there, met Fenech, who asked him if he knew iċ-ċiniz, a nickname for George Degiorgio. Theuma said he said he knew who he was but had no contact.
Theuma claims Fenech told him: “See from where you are going to get his number for him to kill Daphne Caruana Galizia, because she is going to reveal information about my uncle Ray."
Getting to know the Fenechs
10.25am Theuma begins to tell his story, which began in 2017, when he started to work as a taxi driver at the Hilton. For one to work at Hilton, Ray Fenech, Yorgen Fenech or the General Manager had to give their permission. Theuma first got to know Ray Fenech, Yorgen’s uncle, from Marsa, through a shared interest in betting on horses. Later he became Yorgen Fenech's driver and would accompany him to France to watch horse races, or to his ranch for food.
Melvin Theuma takes the stand
10.21am Melvin Theuma is administered the oath and is given a chair to sit on while testifying. Judge Edwina Grima reminds him that he was given a presidential pardon, and that he has to say the truth and whole truth. Failure to do this will make him criminally liable.
Stunned but prepared ... with an ice cream box
9.25am Inspector Vella tracked Theuma to a residence in the south, arrested him in his car, and was told by Theuma that an ice cream box had to be taken with him. The box contained USBs and documents. It would later emerge these contained secret recordings of his conversation with Yorgen Fenech, the alleged mastermind of the murder.
Vella noted that Theuma appeared stunned but prepared, and had insisted on speaking to senior officials, including the Police Commissioner or Inspector Keith Arnaud.
Despite being ready to prosecute, Theuma was granted a presidential pardon.
How Melvin Theuma came to the attention of police
9.20am Inspector Nicholas Vella was the last person to take the stand on Wednesday. He said he began investigating Melvin Theuma for money laundering and illegal betting in September 2019. Initial intelligence from local banks and entities revealed a significant mismatch between Theuma’s declared income as a taxi driver and his considerable assets, including property and vehicles.
Theuma was known to operate an illegal betting network with runners, focusing on Super 5 and lotto days (Wednesdays and Saturdays). Although the arrest was planned for November 16, 2019, a sudden deviation from Theuma’s usual Wednesday routine prompted Vella to act earlier.