'I saw a leg on the ground’: son gives harrowing account of Daphne's murder
Caruana Galizia family testify in bomb trial after two days of evidence by middleman
Amended on Saturday at 7.00 am
Matthew Caruana Galizia has given a harrowing account in court of the moment he discovered his mother was killed in a car bomb outside their family home in Bidnija.
In an emotional testimony on Friday, the son of Daphne Caruana Galizia recalled, in graphic detail, the moments following the explosion on October 16, 2017.
He was the last witness of the day to give evidence in the trial of Robert Agius (Ta' Maksar) and Jamie Vella, who stand accused of murder and supplying the bomb. If convicted, they face life in prison.
Matthew Caruana Galizia told the court he was based in Paris, working with the International Consortium of Investigative Journalists (ICIJ) but travelled frequently to Malta and was home on the day of the murder.
That Monday morning, he said the pair began their day as usual, when his mother had to leave for a meeting with HSBC, regarding some frozen bank accounts.
Moments after she walked out the door to her car, her son heard a large explosion. He told the jury: "I knew it sounded just something bad, louder than a firework or a shotgun."
Barefoot, he ran outside toward the main road, where he described seeing fire on the tarmac, pieces of metal and plastic everywhere, and, horrifyingly, "I saw a piece of flesh on the ground".
He told the court he was in "a state of confusion". He couldn't see the car anywhere and tried to call his mother, but "it went straight to voicemail." Following the smoke, he said he noticed a ball of fire in one of the fields and ran towards it.
"The flames were roaring. The whole car was engulfed in flames. I ran and thought, 'maybe it is my mum and maybe it isn't'." He recognised the car numberplate. The door of the car was slightly open and he could see a black shadow. He recognised who it was: "OK. My mother", he told the jury.
"I started looking for a stick and my idea was to use a stick to open the door," he continued. "Then I looked at the ground and saw a severed leg, foot still attached.
"And then I said there is no way she could have survived. It is impossible. I was in complete panic but felt completely helpless. I wanted to do something but nothing could be done".
He described a scene of chaos in the aftermath, how a man punched him after Caruana Galizia thought he was trying to take a picture of his dead mother, how he frantically told a woman to call the police and how one officer on the scene began crying.
One of three sons of the assassinated journalist, he recalled frantically trying to get in touch with his family before they were alerted by the media. "It has been a long nightmare ever since that day,” he said.
His brother Andrew, who arrived shortly after the blast, also testified, telling the jury that his family "have never been the same since that day". He said: "My mother was murdered and a part of our lives was destroyed."
Alleged mastermind 'tried to flee'
Their testimony followed two days of evidence from Melvin Theuma, who claims he acted as middleman in the murder plot and has secured a presidential pardon in exchange for his testimony.
He recounted being commissioned by businessman Yorgen Fenech to hire a hitman to kill the journalist and acted as a go-between both before and after the assassination.
He told a jury on Friday that Fenech vowed to stand by him if trouble came, and when Theuma was arrested in November 2019, had arranged to meet him after his release at a pastizzi shop near police headquarters.
But instead Fenech "tried to flee on his boat" when Theuma was arrested. Fenech was arrested on board his yacht in November 2019. He was released on bail in February and awaits trial for complicity in the murder.
Theuma described having around six weeks advance warning that he would be arrested and lengthy discussions with Fenech about what to do when he was questioned about the murder.
He said Fenech provided him details of the arrest and murder investigation that were supplied by former chief of staff Keith Schembri and deputy police chief Silvio Valletta.
Fenech also reassured him that he would be released after his arrest because the police didn't have evidence and that the businesman felt "at ease with Ray", an apparent reference to police superintendent Ray Aquilina.
Earlier Theuma told the court he received a message from Fenech in 2018 ordering him to "look for Maksar" and warn them that one of the hitmen was speaking to police about who supplied the deadly device.
However, during cross examination, Theuma confirmed he did not act on this message and did not know either of the accused in this trial.
LIVE BLOG
Session ends
6.18pm There are no more witnesses today. Thank you for joining us today.
The trial will continue tomorrow morning.
'It has been a long nightmare ever since that day'
6.08pm Matthew describes a series of people arriving at the scene: A Times of Malta photographer, emergency responders, fire engines, and then his father and brother. The inquiring magistrate was Consuelo Scerri Herrera, who had a past history with his mother. "I felt we had to do something, put on my suit, and came to Valletta with my dad." Lawyers Therese Comodini Cachia, Jason Azzopardi and Karol Aquilina said they could help, and the family filed an application to take the magistrate off the case.
Afterwards, they went to pick up his brother, Paul from the airport. "We were in complete state of shock," he said. "Our house was full of people, police, family members, there were police everywhere. There were a lot of people. It has been a long nightmare ever since that day.”
Matthew ends his testimony. There is no cross examination.
Panic, helplessness and anger
5.59pm Matthew recalls someone calling him. It was a woman with a small girl, who was crying. The woman approached and asked him what to do. Angrily, Matthew said to call the police.
He describes the police arriving and getting the fire extinguisher from the car. "One of the police cried," he said.
"I was so angry that there was a person, Mario Vella. I thought he was taking photos. I smashed his phone and he punched me in the face."
He tried calling his father and brothers Andrew and Paul. They didn't pick up. He called his aunt Corinne. She picked up the phone, he told her something had happened and she was the first of the family to arrive. His objective was to tell his family before they got to know from the media.
Son describes horrifying scene
5.44pm Matthew tells the jury how he walked outside, opened the gate, and saw a "tall tower of black smoke, like burning tyres". Neighbours were also outside and asked him what had happened. He told them he didn’t know.
Barefoot, he began running toward the main road. He saw fire on the tarmac, "pieces of metal, everywhere, pieces of plastic. I saw a piece of flesh on the ground".
He describes being in "a state of confusion wondering what was happening". The car was nowhere in sight. "I tried calling my mother. It went straight to voicemail."
Following the smoke, he noticed a ball of fire in one of the fields and ran towards it. "The flames were roaring. The whole car was engulfed in flames. I ran and thought, 'maybe it is my mum and maybe it isn't'." Then he saw the car’s number plate, which he recognised: QQZ, a leased car.
The door of the car was slightly open and he could see a black shadow. He recognised who it was: "OK. My mother".
"I started looking for a stick and my idea was to use a stick to open the door, then I looked at the ground and saw a severed leg, foot still attached," he tells the court. "And then I said there is no way she could have survived it is impossible. I was in complete panic but felt completely helpless. I wanted to do something but nothing could be done".
Matthew Caruana Galizia testifies
5.34pm Daphne's son, Matthew, who witnessed the explosion, takes to the stand to recount what he saw. On the morning of 16 October 2017, he was at his childhood home in Bidnija. At the time, he had been working in Paris for the International Consortium of Investigative Journalists (ICIJ), known for its work on the Panama Papers and, at the time, working on the Paradise Papers. He was extremely busy but in his free time would help his mother with her investigations.
That morning, his father left early for work. Daphne woke up shortly afterward. "My mum prepared coffee/tea and maybe something to eat", and they both settled down to work. It was a Monday, and Matthew had a full workload of emails and calls.
"I was not paying attention to what she was doing but I do remember when she wrote her last blog," he said.
She then received a phone call from HSBC, sounding slightly rushed. She told Matthew she was late for a meeting at the bank, related to her ongoing efforts to unfreeze her bank accounts.
"She went downstairs, came back up, and she told me that when she came back home I can use the car, since I didnt have a car of my own," he recalls. She left the house, returning briefly, having forgotten his father’s chequebook, which she needed. His father used to sign blank cheques for daily expenses like groceries or petrol.
After she left, Matthew resumed playing music and continued working on his laptop.
"Shortly after I heard the door closed, I heard a very large explosion. I knew it sounded just something bad, louder than a firework or a shotgun."
The day before
5.23pm Peter Caruana Galizia is describing the day before the murder. He had been cycling with friends and Daphne was in Naxxar at Palazzo Parisio, where she would like to sit and read newspapers with a coffee.
He later met his wife along with his son, Matthew, and they went to Floriana to see the gardens and visit Andrew. Matthew took the car, a peugeot 108, and met friends in Sliema. He returned home in the evening and parked the car outside "how he liked to do".
Police had asked Peter when they travelled last. He said they had visited Dublin in September, the week of Independence Day. They did not go abroad at Easter because Andrew got married in May.
The police asked for a lot of details and afterwards Peter learned that at least one of the hitmen had followed them. Once they went to the Phoenicia Hotel in August. Inspector Keith Arnaud told the family the hitmen followed them there and contemplated placing the bomb in the car.
"Had they done so, I wouldn't be here either," Peter Caruana Galizia tells the court.
There is no cross examination.
Peter Caruana Galizia testifies
5.13pm Daphne Caruana Galizia's husband, Peter, now testifies. When he left his home, early on October 16, 2017, his wife was still asleep. He had clients in the afternoon and at one point, his son Andrew called the secretary, and then came to see him at the office. He told him that there was a bomb, "that there was an explosion, we did not know if she was alive or dead". They went to Bidnija together. The was a bit of traffic, they parked and inspector Kurt Zahra came to them.
"Is she dead," Peter asked him. "Yes," the inspector replied. "There were a lot of sheets along the road, and then later we discovered they were body parts," he tells the jury.
'My mother was murdered and part of our lives was destroyed'
5.03pm Andrew describes the scene of the bombing at Bidnija. There were emergency services. He walked up the hill.
"There was a doctor I knew. Her mouth fell open, and I understood that my mum did not make it," he said. "We asked Kurt Zahra what happened to our mother, and we were told that she did not make it."
He met his brother Matthew and aunt Corinne and went to the house. He stayed in the house for the collection of electronic devices.
Andrew describes speaking to his mother in Floriana the day before her murder.
"My wife and I, we were going to renovate our house there, and my mum would come to help. Before she left the house, she hugged me as she always does... and before she walked out of the door she turned around and gave me another hug. That was the last time I saw her," he said.
"One thing I would like to add: me and my family have never been the same since that day, My mother was murdered and part of our lives was destroyed," he said.
With that he steps off the stand. There will be no cross examination.
'There has been an explosion in our mother's car'
4.56pm Andrew Caruana Galizia describes the day of the murder, 16 October 2017. He was working with the foreign office at the time as a diplomat and was sitting in his office.
His brother called him and said: "There has been an explosion". When he asked his brother where, he told him, "in our mother’s car". Andrew tried to call his father, Peter, but could not reach him as his secretary said he was in a meeting. He went to the office and he was with clients.
Andrew describes trying to call his mother but she didn't pick up. He "feared the worst” and checked the news. There was an article saying there was an explosion in Bidnija.
Andrew Caruana Galizia testifies
4.53pm One of Daphne Caruana Galizia's three sons, Andrew, now testifies.
Jamie Vella's involvement
4.47pm It's now the turn of Jamie Vella's lawyer, Amadeus Cachia, to cross examine the witness. Vella is the second person accused in this case.
Theuma first confirms that he never spoke to Vince Muscat about the killing.
Then Theuma confirms that he does not know Jamie Vella, has never communicated with him and that Yorgen Fenech never mentioned him. Vella is never mentioned in any recordings, Theuma confirms. He was never shown a photograph of him.
"I don't know a Jamie Vella, never mentioned, never spoken to."
We're back
4.43pm The doctor has examined the juror and he can continue.
Sitting suspended
4.39pm One of the jurors has fallen ill so the sitting is currently suspended while a doctor is brought in to examine the person.
'Everything will be settled through Ta' Maksar'
4.30pm Theuma is asked about something Johann Cremona allegedly told him when he was trying to calm him down in the years between the raid on the hitmen and Theuma's own arrest: "Tħabbel rasek xejn, serraħ moħħok, għax kollox se jingħalaq b'ta' Maksar [Don't worry, everything will be settled through Ta' Maksar]".
The defence asks him what this meant to him. "Nothing, because the message did not make sense to me," Theuma replies. "If the case had to close, it would close with me. I 'contracted them' and that's why I asked for the pardon".
He reminds the jury that he had never revealed to the hitmen who commissioned the murder.
Plan to derail investigation
4.25pm Theuma confirms that Yorgen Fenech had access to infomation about phone tapping and about what Vince Muscat was telling police.
He confirms there was "a plan to derail investigators", and that this plan was devised by Fenech.
Maksar mention second hand
4.23pm Theuma agrees with Robert Agius’ lawyer that the reference to Maksar (the Agius brothers) was based on what he understood Vince Muscat was telling the police.
Vince Muscat's co-operation
4.20pm Theuma testifies that Fenech told him hitman Vince Muscat was speaking to the police. Fenech also mentioned that there was a cabinet meeting in 2018, involving Owen Bonnici and Joseph Muscat that discussed a potential presidential pardon for Muscat.
However, Theuma said he only truly believed Vince Muscat had revealed information when Jason Azzopardi told him it was a fact during cross-examination in a previous hearing.
Post-murder payment
4.16pm Theuma confirms more information. The remaining payment of €125,000 (minus the deposit and incuding extra for car hire) was settled seven to ten days after the murder.
Theuma came across Vince Muscat in Ħamrun and told him he needed to speak to Degiorgio, but didn't say why. The middleman then went to the potato shed, found Alfred and met him later to settle the payment
Denies Muscat's claims
4.06pm Theuma denies various claims that allegedly come from Vince Muscat. Theuma says he didn't know what car Daphne Caruana Galiza used, for example, in a response to a claim from Muscat that he would check on her car when she was abroad.
Maksar involvement
3.57pm The defence lawyer is asking about Theuma's knowledge of the Maksars, the nickname for Robert and Adrian Agius, in advance of the murder.
He confirms neither George nor Alfred Degiorgio ever told him that Maksar were going to get involved. "For me ta’ maksar was just a nickname," he says.
Theuma admits pressurising Alfred Degiorgio to go ahead with the murder but denies knowing that the Degiorgos were waiting for a bomb to arrive.
“It’s all a lie” Theuma says, when the defence suggests that Vince Muscat said Theuma pressured him too.
Cross examination begins
3.43pm Theuma is being cross examined by Rene Darmanin, lawyer for Robert Agius.
Under questioning, Theuma confirms the murder plot began during a meeting with Fenech at the Blue Elephant restaurant three to four weeks before the 2017 general election, and that Theuma decided to speak to Alfred Degiorgio about the hit instead of his brother George.
Theuma denies an apparent claim from hitman Vince Muscat that he visited the Marsa potato shed to speak to Darren Debono, it-Topo. Theuma said their only contact was by phone to get Alfred Degiorgio's contact. He denies discussing the murder with Muscat at any time.
Theuma confirms that just before the election Theuma contacted Degiorgio and told him to "stop everything".
'I apologise'
3.37pm The prosecution asks Theuma about a comment he made on Thursday, when he said his involvement in the murder turned him into a 'slave to sin'. When was the moment when you truly realised that you were part of a plan to cut short the life of a mother, he is asked.
Theuma replies: "16 October 2017 [the day of the murder]. Eight months earlier, I lost my mother. She died of old age. Daphne Caruana Galizia, poor woman, didn’t die of old age. We killed her".
Asked if he wants to add anything, Theuma says: "I apologise to all the family, as I did with Matthew, I apologise to her whole family and sisters."
Melvin Theuma returns
3.33pm Wearing a dark navy suit, Melvin Theuma is called back inside and the prosecution's examination continues.
Trial continues
3.29pm Welcome back. There's some admin. A witness has filed an application to let the court know he will be abroad. And the court has ordered the release of the reserve juror's controversial tablet
We'll be back soon
1.03pm We're now on a break until 3pm.
Thank you for joining us. This live blog is currently the most read story on our site.
While we're away, catch up on some of the other reports from the Times of Malta team, including the latest on the Gaza aid vessel fire, why Greta Thunberg is in Malta and how Mario Grech is being tipped as a 'compromise pope'
The 'cousins'
12.52pm More messages are being read out to Theuma, who is explaining their context. He describes telling Fenech he didn't trust hitman George Degiorgio. Fenech assures him that Degiorgio "doesn't have anything".
Fenech uses the word "cousins", when he is actually referring to police, Theuma says. Fenech says at one point: "We found a solution to stop the tapping from being mentioned." That's a reference to wire taps, Theuma explains.
Theuma at one point messages Fenech: "You all take care. If there’s evidence, it should be destroyed immediately, because if they come for me, it won’t be a pleasant situation."
He explains that he was urging Fenech and possibly Keith Schembri or Silvio Valletta to ensure any incriminating evidence inside prison is destroyed, to prevent it from being used if authorities turn against him.
Fenech reassures him that "the cousins" (police) don't have evidence and if Theuma is arrested, to tell police that he does not know anything. Fenech tells him once he does this, he'll be told, "Thanks, keep your head down".
But Theuma tells the court: "I didn’t do this. As soon as I got to the depot I started speaking up."
Theuma tried to extract himself
12.47pm Theuma now says that another concern of his was that Fenech would suspect he was taking the money. Theuma was acting as go-between, passing money from Fenech to the Degiorgios following their arrest.
He had planned to introduce Mario Degiorgio to Yorgen Fenech so Theuma would get out of it and for Fenech to be sure that the money was being passed on to the Degiorgios.
Encounter with deputy police chief Silvio Valletta
12.46pm Theuma describes bringing bread to Fenech's ranch and seeing deputy police chief Silvio Valletta behind the door, seemingly trying to stay out of sight.
A few days later Fenech told Theuma that Valletta had recognised him during that encounter.
Theuma believes Valletta was trying to support him while remaining hidden and said as much to Fenech.
'Poison attempt'
12.38pm Theuma claims he was given a piece of meat by Fenech at one point. Theuma believed it was a poison attempt and threw it away.
The Maksar message
12.16pm Theuma is shown the message he refered to during his testimony yesterday, in which the Maksars are named. It is a message on the Signal app from Fenech.
It reads in Maltese: Bicca bicca, zomm kalm, wasslu lil maksar li diga qal li inhadmet ghandhom fil garage haz Zebbug.
Theuma explains the message is ordering him to deliver a message by word of mouth to the Maksar gang in their garage in Żebbuġ. Maksar is the family name of Robert Agius, who is accused of supplying the bomb in this trial. Theuma explains he was confused because the message was addressed in the plural and because "I did not know Ta' Maksar" or where their garage was.
He explains the message implies Vince Muscat had told the police about the Maksar involvement in the bomb.
Sleeping problems
12.13pm More messages between Fenech and Theuma are being shown to him. They are mostly concerning worries about how Theuma's female family members may be dragged in to the case and how the two men can't sleep.
Theuma is shown a photo, which we can't see, and other Signal and WhatsApp messages from Yorgen Fenech. The media is located in the balcony, so we are not able to see everything in full from our vantage point in court.
Messages between Fenech and Theuma
11.55am Theuma is now shown another document containing messages allegedly between him and Fenech prior to Theuma's arrest. These are being read out at speed in court in Maltese. The translation is ours.
Melvin Theuma: If they arrest my wife and daughter, it's going to be big trouble.
Yorgen Fenech: I don’t know why you’re always doubting me. I’ve always been on your side, and I still am, and we’ll get through this. It will happen on Saturday.
YF: But I agree with you – the women shouldn’t be picked up… and I’ll fight to the end to make sure we win this.
MT: My heart is broken. I’ve always had a good heart. Why don’t you sort this out for me?
YF: I’m tired too, my friend. This is a battle.
MT: …if needed, it shouldn’t happen this coming Saturday.
----
MT: My friend, it’s in our interest to sort things out when it comes to the women, because I know our lives would be over.
YF: I know.
YF: Be 100% certain that everything will be clean.
YF: Don’t leave anything behind – not just about this, but also about the numbers. So they have nothing to latch onto.
MT: No, no, definitely. Nothing.
YF: Good.
----
YF: Have you calmed down, my friend?
MT: I’m just sitting here crying. I don’t know how much longer I can take this [unclear].
YF: Come on, be brave. This will pass and we’ll finally get some peace. You’re right to be worried, but this will pass. Let’s keep our minds on that.
---
YF: I’m always behind you, and I feel even more at ease with Ray.
Theuma explains to the court the Ray here refers to Ray Aquilina, from the police's money laundering unit.
'I was the middleman'
11.49am Theuma is shown another document. It is read out in Maltese. Here is an English translation - but note that it is provided by us and not the court. Parts may be missing as we are not being given copies of any documents.
"I am Melvin Theuma, and I am giving information that I was the middleman in the murder of Daphne Caruana Galizia.
"The same two people who had me arrested were also thinking of eliminating me: Yorgen Fenech and Keith Schembri.
"Kasco (Keith Schembri) even gave me a job with the government, but after I was exposed, I lost that job. That’s why I am presenting this contract."
Photographs of Vince Muscat
11.45am The prosecution shows Theuma some documents: a photograph of a maroon car he identifies as belonging to Vince Muscat; another photograph of the car with Muscat in it; a photo of a field with chicken wire; a photo of the vantage point where the hitmen observed Caruana Galizia's home.
Fenech's lawyer in court
11.39am Following proceedings in court today is one of Yorgen Fenech's lawyers, Charles Mercieca. While a lot of the middleman's evidence concerns Fenech, he is still awaiting trial. Those on trial currently are the alleged suppliers of the bomb. The three hitmen are serving their prison sentences.
Fenech also asked for presidential pardon
11.35am Theuma now describes the arrest. His ice cream box containing the recordings was opened in front of him at police headquarters. He requested a presidential pardon "to lead them to the mastermind".
He says police inspectors Keith Arnaud and Kurt Zahra drew up a report for a presidential pardon because Yorgen Fenech had also requested one.
"They saw our versions but I was given the presidential pardon," he says.
Six weeks to prepare for an arrest
11.30am Theuma describes preparing for his arrest about six weeks before it happened. Fenech told him that being arrested on money-laundering charges was "good".
Theuma reacted: "Are you serious? I can go to prison for 18 years, and they can seize everything.” Fenech was supposed to prepare documents for him saying that Theuma owed 1.5 million euro to different people.
Theuma suspected that he was going to be first arrested for money laundering and would then be investigated for the murder.
A conversation with a police commissioner
11.23am Theuma now details a conversation his associate Edgar Brincat had with former police commissioner Lawrence Cutajar prior to Theuma's arrest. Brincat went to report a fine and Cutajar asked for a favour from him. “Melvin Theuma has certain recordings related to the murder. Do you know where he keeps them?” Cutajar allegedly asked.
Brincat replied in the negative and later called Theuma to inform him that police knew about the recordings. Brincat warned him that if Cutajar knows about it, so did Europol and FBI. Brincat knew everything about the recordings.
Plan to blame Cardona
11.19am Another time, Yorgen Fenech allegedly told Mario that the hitmen (George and Alfred Degiorgio and Vince Muscat), were planning to blame the murder on Chris Cardona.
They apparently plotted to do so in the prison van on the way to a court sitting and the conversation was recorded.
David Gatt 'would kill them'
11.16am Theuma claims he was told by Mario Degiorgio that lawyer David Gatt would need €400,000 to prepare the hitman for their trial. Degiorgo told Theuma that "Gatt sent a message with someone that if the Degiorgios reveal anything, David Gatt would kill them".
Chris Cardona burner phone
11.11am Theuma describes being worried about his burner phone, which was in the possession of hitman Alfred Degiorgio, il-fulu. Theuma says he asked Fenech about it. Fenech told him they found a mobile between Degiorgio and former Labour minister Chris Cardona.
The phone was under the seabed. Fenech told him that they threw the “mobile away” because “the government would fall”.
Adrian Delia and Konrad Mizzi
11.06am Pressed about who else in politics Fenech was conntected with, Theuma said: "Once [former PN leader] Adrian Delia went to eat with Yorgen Fenech. Yorgen Fenech used to call [former Labour minister] Konrad Mizzi a lot".
'If you go to Joseph Muscat's birthday, you have to be someone'
11am Prosecuting lawyer Godwin Cini asks Theuma what Fenech told him about his "contacts".
Theuma replies: "If you go to prime minister Joseph Muscat's birthday, you have to be someone."
The taxi driver explains: "He called me one evening, and asked me to drive him to the airport. I took him in his Rolls Royce, and he told me ‘do you know where I was? At Muscat’s birthday'.”
Fenech is a 'big man with contacts'
10.54am As he awaited arrest, Theuma says he considered confessing to police. He "drove many times" to the police depot but always turned back. Johann Cremona would tell him he was "crazy" to consider it.
Theuma said he had Matthew Caruana Galizia’s phone number "to reveal things and to apologise". Some time later when Fenech was eventually arrested and released on police bail, Theuma says he did call the son of the murdered journalist.
But Theuma did not confess anything until his arrest. He was worried about revealing anything because Fenech is a "big man and has contacts”.
As soon as he was arrested, he told Inspector Vella that he wanted to speak to Keith Arnaud, who was the lead investigator in the case and revealed the contents of the ice cream box containing his recordings.
Advance warning of arrest
10.40am Melvin Theuma describes being warned in advance that he would be arrested. He said Johann Cremona knew Ray Aquilina, an inspector at the money laundering unit. Cremona explained that Theuma would be arrested by Aquilina and given a list with the questions he would be asked during the interrogation.
"Johan told me to strike out the questions I don’t like," he said.
He was told he would be arrested on a saturday along with his mother, partner, partner's daughter and boyfriend. “I used to pray to God during this period not to wake up,” he tells the court.
'Fenech said he'd help me, instead he tried to flee'
10.36am Theuma is now talking about his arrest in November 2019. He said that Fenech had previously reassured him he would "continue to help until the end" and that "if anything happens, it will be all my fault."
But now Theuma says Fenech's actions contradicted his statement. He claimed Fenech had promised to wait for him "outside GHQ" near a pastizzi place.
"Instead he tried to flee on his boat," Theuma says.
Yorgen Fenech was arrested on board his yacht in November 2019 and awaits trial for complicity in the murder.
€80,000 to pay lawyer Franco Debono
10.30am Meanwhile the hitmen were continuing to pressure Theuma for money for their case. The Degiorgios' brother, Mario, asked for €80,000 for Franco Debono because he was going to enter the case. Theuma couldn't reach Fenech to relay the information.
Fenech: 'They can kiss our balls'
10.24am Prosecution lawywer Godwin Cini is continuing his examination. He asks Theuma what happened after he told Fenech he had recorded him.
There's a moment of laughter in court as Theuma refuses to repeat swear words. Then he responds that Fenech told him, "we remain friends, and jbusulna l-bajd [they can kiss our balls]".
He says Fenech gave Theuma 100,000 euro worth of gold, including a Rolex watch and wanted to open a gold shop for him in Valletta. Theuma claims he returned everything.
Later there was a communication break down because Fenech started to take cocaine and was in rehab in Scotland.
What is Keith Schembri's involvement?
10.16am The prosecution asks Theuma to explain former OPM chief of staff Keith Schembri's involvement in the case.
Theuma says he met Schembri twice - once at Yorgen Fenech's Zebbug ranch and the time Schembri took him on a tour of Castille. This was when Theuma was offered a government job prior to the murder. "He [Schembri] never mentioned money for the murder," Theuma says.
The prosecution lists things Fenech had told him about the investigation: the message found that detonated the bomb, the date of the raid, the fact hitman Vince Muscat was beginning to confess. Where did that information come from?
Theuma says that regarding the raid and the message "I cannot say but later I got to know that Yorgen Fenech got the information from Keith Schembri and [former deputy police chief] Silvio Valletta, l-ohxon, because Yorgen Fenech told me."
Keith 'sent Kenneth'
10.14am On another recording, Fenech admits Keith Schembri sent security guard Kenneth Camilleri "to speak to Melvin", and told him that Schembri did so, because he "would go into fire" for Fenech.
Keith Schembri 'told about the murder'
10.11am Theuma says that in one of the recordings, Fenech describes telling former chief of staff Keith Schembri about the murder. Schembri "went cold" as Fenech told him he "had no other choice but to do it".
Confessing to Yorgen
10.03am Eventually Melvin Theuma told Yorgen Fenech about the recordings. "I prepared three USBs, placed the photo with Keith Schembri... and wrote up a paper. Then I went to Yorgen Fenech’s office at about 5.30pm and told him that if something happens to him there was this".
He warned him that if anything happens, "these recordings will go to the press".
Melvin Theuma, right, with Keith Schembri in a photograph taken in Castille.Recording conversations as back-up plan
9.59am Theuma explains that he began recording his conversations with Fenech so that "if something happens I would have something".
Afterwards he would transfer each recording to his daughter's laptop. A tight circle of people knew about the recording: his partner, daughter, eventually Johann Cremona, and Edgar Brincat, who he described as being like a "father" but who nowadays no longer speaks to him.
Fenech hears of secret recordings
9.56am Theuma tells the court he was angered by this conversation and told Cremona he was recording Fenech. Cremona relayed this information to Fenech.
Melvin Theuma returns
9.47am Melvin Theuma returns to the stand and is asked about a meeting he had with Johann Cremona, Yorgen Fenech's business partner, and Kenneth Camilleri, a former security guard in the office of the prime minister.
They met in a garage in Qormi and Theuma recounts that meeting now.
Camilleri took out a piece of paper from his pocket, which had three mobile phones written on it. He asked Theuma if he recognised the numbers and Theuma told them he didn't recognise two but the third was his.
Camilleri then accused him of being "the mastermind in the case" to which Theuma responded, "the mastermind is Yorgen Fenech ta’ Tumas".
Reserve juror fined €1,000
9.43am The Criminal Court ordered the trial to continue, condemned the reserve juror to contempt of court and fined him €1,000.
Trial will continue
9.36am Lawyer Ishmael Psaila, who represents one of the accused Jamie Vella, addresses the court. Psaila says he spoke to colleagues and his clients and they have no objection to continuing the trial. The defence will not ask for the jury to be dissolved but asks the court to take "all necessary safeguards"to ensure it is protected.
Session suspended
9.33am The session is now suspended while lawyers go through Martin Bajada's report on the reserve juror's search history.
Reserve juror had communicated to son about trial
9.16am The reserve juror communicated with his son about the trial in four messages, Martin Bajada's report has found. The messages discussed the fact the trial involved two homicides "of certain importance" and told his son to check the news.
The juror also made a damaging admission that he had smuggled in his tablet and asked his son not to tell anyone except the jurors wife. It was she who informed the court about the tablet.
But first, that reserve juror
9.11am Before we go any further, we will hear from technical expert Martin Bajada, who has been examining a tablet found in the possession of a juror. Read yesterday's account of this case here.
Good morning
9.06am We're inside court room 22, where the trial is being heard. The accused are already in their seats. The many lawyers involved in this case are here. We're about to start.