Live: Hitman recounts claim 'we've powerful people behind us' in Fenech trial
Businessman faces 12th day of trial over Daphne Caruana Galizia murder
Convicted hitman Vince Muscat, known as il-Koħħu, is continuing his testimony on Tuesday as the trial of Yorgen Fenech enters its 12th day.
Fenech, 44, is pleading not guilty to complicity in the 2017 car bomb assassination of journalist Daphne Caruana Galizia outside her Bidnija home. Prosecutors allege he commissioned the murder through middleman Melvin Theuma.
In seven hours of testimony on Monday, Muscat gave jurors a first-hand account of how the murder was planned and carried out.
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LIVE BLOG
Court breaks for lunch
12.56pm The judge stops questioning here and adjourns the court for lunch.
The hearing will resume at 3pm.
Bombs but no payment
12.55pm The defence asks why Melvin Theuma had invited them out to dinner after the murder.
Muscat: It was as though he wanted to celebrate getting rid of the problem he had.
Muscat says Robert Agius and Jamie Vella smuggled in the bombs (there were three in total) from Sicily.
The defence asks, who paid for them?
Muscat: As far as I know, there was no charge.
'Everyone knew Keith Schembri was no. 1'
12.52pm Defence: So you knew Malta’s no. 1 was Keith Schembri.
Muscat: Everyone used to say he was the no. 1. In every band club... not the Nationalist ones though.
Defence lawyer de Marco: Don’t worry, we won’t get offended.
Gatt asked 'how long till you get rid of the witch'?
12.47pm The defence asks Muscat if he recalls David Gatt ever asking them “how long is it going to take you to get rid of the Bidnija witch?”
Muscat confirms Gatt asked something like that. He also confirms Gatt liked to make another gesture. “He would make a ‘poof’ sound with his mouth and open his palm,” Muscat says.
Toni l-Iblaħ and Cardona
12.40pm The defence asks: "Is it true Cardona moved to Fgura and you once drove Alfred Degiorgio there to meet him?"
Muscat: "I remember driving Alfred to Fgura, but it was to meet Toni l-Iblaħ, not Cardona."
Defence: "Wasn’t Toni l-Iblaħ Cardona’s guy? Was he going to give you information about the murder?"
Muscat: "I guess so."
The defence asks Muscat about a hand gesture he saw David Gatt making.
Muscat: George told me he was referring to “Number 1, Keith Schembri chief of staff”
Knowing about the raid
12.35pm The defence presses Muscat: where were they getting information from after the murder?
Muscat: "What I know for sure is that Alfred Degiorgio and Melvin Theuma both got information about a police raid on December 4."
Was Toni l-Iblaħ relaying Cardona information?
12.31pm The defence asks Muscat: why were they going to Cardona around the time of the 2017 plot?
Muscat: "To get information about Daphne Caruana Galizia, we weren’t seeing her around Bidnija at the time."
Defence: "Who was giving you information after the murder? Was there contact with Chris Cardona?"
Muscat: "As far as I know, there was no more contact with Cardona. Then Il-Fulu (Alfred Degiorgio) told me the police were coming on December 4."
Defence: "After the murder, who came on Cardona’s behalf to give you information?"
Muscat: "It’s impossible to remember these details."
The defence reads from Muscat’s previous testimony, in which he said a man known as Toni L-Iblaħ would come to the Marsa potato shed, speak to Alfred Degiorgio and deliver messages on Cardona’s behalf.
Muscat: "I remember Toni l-Iblaħ going there once, and I know because Alfred had called me to say I didn’t need to pick him up because Toni l-Iblaħ would take him home."
Part of the Marsa potato shed.Going to Cardona before the murder
12.18pm Muscat confirms that they (the hitmen) had gone to Cardona before Daphne was murdered.
Defence: "Do you confirm you went to Cardona several times before the murder and that it was clear he wanted to kill her?"
Muscat: "I don’t know what he wanted, I drove George to meet Cardona several times."
Defence: "Do you confirm you saw him entering Cardona’s ministry?"
Muscat: "I saw Alfred (Degiorgio) cross the road close to the ministry and close to Castille."
Defence: "In previous testimony you said you saw him cross Triq San Pawl and enter Cardona’s office."
Muscat: "I don’t recall. I remember seeing him cross the road in that direction."
Was Theuma meeting on someone's behalf?
12.12pm Muscat confirms he never saw Theuma at Busy Bee himself.
Defence: "Did you know if Theuma was meeting on behalf of someone else?"
Muscat: "No, I don’t know."
Was Ġojja involved in drugs?
12.05pm Was Ġojja involved in drugs, the defence asks. Muscat says he doesn’t recall Ġojja or Theuma being in the drug scene.
The defence says he (Muscat) had said as much when he testified before the inquiring magistrate.
Muscat: “I testified before many people, I don’t remember this ma’am.”
Muscat knew both Theuma and Ġojja
12pm Questions move to 2017.
Muscat says he knew Melvin Theuma from Hamrun; Theuma ran a gambling racket and Muscat had bet there sometimes.
He also confirms he knew Edwin Brincat il-Ġojja.
“Theuma would be with him. I think they ran a horse betting racket together,” he says.
David Gatt was to get a cut of 2015 blood money
11.58am David Gatt wanted a share from the €150,000 the hitmen demanded for the 2015 plot, Muscat confirms.
“George and I were alone one day and George told me that some of the money was to go to Gatt,” he testifies.
Defence: "So David Gatt was involved in the first plot."
Muscat: "Yes, of course."
David Gatt.Daphne told George Degiorgio 'let's meet'
11.52am The defence makes reference to something else Muscat had said previously.
Giannella de Marco reads from that testimony: “George got Daphne’s number and was texting her information about certain people, but she never replied.
“We would send her a message, hide the phone at the potato shed and check it again in the morning. Then one morning we found a text from her. She said she doesn’t rely on phone calls and asked to meet.
“We used to text her to see what she was up to, because we hadn’t seen her for some time. We were told she worked at a printing press of some sort and went to check there.”
Muscat says he recalls George texting Daphne and her replying once saying “if you want to speak, let’s meet.”
George Degiorgio was texting Daphne
11.45am George Degiorgio was texting Daphne Caruana Galizia in 2015, Muscat confirms.
Defence: "George had bought a mobile phone and had started sending Daphne Caruana Galizia many messages, pretending to provide information."
Muscat: "Yes, I remember."
Why was 2015 deposit never paid?
11.40am The defence asks Muscat to confirm that four people were reportedly behind the Cardona 2015 plot.
Muscat: "Yes, George mentioned them all to me but the only one I remember is Michael Cassar the police commissioner." [Cassar has denied any role].
Defence: "What was Cardona’s role in this? Muscat: Ma’am, it was all talk. In fact George had pushed David Gatt to speak to Cardona to get the €50,000 deposit... I think they shared a legal practice at the time, before Cardona became minister."
Defence: "So why did George call David Gatt?"
Muscat: "As far as I know, David would meet Cardona at some bar in Valletta... a bar where lawyers hang out.
Defence: "Were you told why the deposit money wasn’t paid?"
Muscat: "George or David had told me that Cardona was abroad. But the money never came."
Muscat doesn't recall David Gatt's role
11.35am Defence: "Who told George Degiorgio to speak to Chris Cardona."
Muscat: "I don’t remember."
The defence reads from Muscat’s previous testimony. In it, Muscat said: “George told me ‘David [Gatt] told me they want to kill Daphne, Chris Cardona put me up to it’. George then told me to take him to Portomaso where Cardona was waiting for him.”
Muscat says he doesn’t remember that testimony.
Defence: "But you always said that Gatt told the Degiorgios about the Cardona plot."
Muscat: "Ma'am, I don’t remember Gatt telling George that."
Why no Alfred Degiorgio in 2015?
11.30am The defence asks Muscat why Alfred Degiorgio was not involved in the 2015 plot to kill Daphne.
Muscat: "He was in prison that year."
Defence: "Who told you about the job" [in 2015]?
Muscat: "I know George [Degiorgio] met with Cardona at Portomaso. We didn't know what the meeting was about."
Defence: "Was it David Gatt?"
Muscat: "No, no. George told me that Chris Cardona wanted to get rid of Daphne."
Vince Muscat cross-examined
11.20am The court is back in session: defence lawyer Giannella de Marco will now cross-examine prosecution witness Vince Muscat il-Koħħu.
Daphne Foundation's message
11.10am The Daphne Caruana Galizia Foundation has encouraged people to remain focused on the case itself and not get sidetracked by allegations or hearsay.
“No sufficient evidence has been presented in court showing that Keith Schembri or Chris Cardona paid for Daphne’s assassination,” the foundation says, referring to various questions posed by Yorgen Fenech’s lawyers during the trial.
It contrasts that to the "clear-cut" evidence that Fenech paid for the murder.
The foundation continued: "As the trial continues, it's important not to lose sight of what happened. The proceedings are about determining Yorgen Fenech's responsibility based on the evidence - not allowing the focus to drift away from the accused.”
Brief recess
10.45am Muscat is shown various photos from the scene of the crime, as well as others of his car parked in Msida. He confirms them all.
The judge calls for a brief recess. When the hearing resumes, defence lawyers will cross-examine the witness.
'Who ordered Daphne's murder?'
10.37am Prosecution: Who ordered Daphne Caruana Galizia’s murder?
Muscat: Melvin Theuma got the order from someone. We got the money from Theuma.
Arnaud on Yorgen Fenech
10.35am Muscat is asked if he ever heard mention of Yorgen Fenech. He recalls one incident, when he was speaking to Assistant Commissioner Keith Arnaud.
“I asked him if police would ever press charges against Fenech. I asked because I felt he (Fenech) was a prominent person, I had never seen him other than on the news.”
Arnaud “slammed his hand on the desk and told me ‘From the heavens down, everyone is equal”.
'My lawyer was also being threatened'
10.30am Muscat says he had engaged lawyer Arthur Azzopardi to represent him in talks with police over a possible pardon.
“We were once in Arnaud’s office and Azzopardi suggested that I pin everything on Theuma. Arnaud told him ‘that’s your decision’.”
Muscat says he can’t recall the details but that Azzopardi was being threatened too, “and that’s why he mentioned Theuma”.
Degiorgios knew Muscat was speaking to police
10.20am Muscat confirms that while arrested he had started speaking to the police in the hope of getting a pardon. The Degiorgio brothers found out about that, he says: they accused him of snitching to the police.
Muscat says they got to know that through Melvin Theuma, who was in “constant contact” with the brothers while they were in prison, through a burner phone.
“When they found out I was speaking to the police, I grew afraid,” he says. “I have a family. They once threatened to throw acid at my children.”
Receiving money while arrested
10.11am Muscat says his partner would receive around €200-€300 a week. The money was raised through a whip-around (ġabra) at his local band club. A man called Lawrence Pace, known as Lolly, would also give her money. Lolly was also a regular at the band club.
Muscat confirms that Melvin Theuma would also pitch in.
Muscat says the Maksar brothers had tried to get a Peter Brincat to relay a message to him, promising him €1,500 a month in exchange for him not mentioning the brothers to the police. Brincat refused the offer, Muscat says.
'Show people we have power behind us'
10am Muscat is asked to recall how he felt when he and the others were arrested.
He says he can’t really recall, but that the Degiorgio brothers had given him some advice: “Walk into court with your head held high, to show everyone that we have powerful people behind us.”
Muscat says lawyer relayed info to Cardona
9.52am Muscat is asked if he knows where Chris Cardona was getting information about the murder investigation from. [Yesterday, Muscat said Alfred Degiorgio had gone to minister Chris Cardona to get information about the investigation.]
Muscat says the minister did not get information directly from (then assistant police commissioner) Silvio Valletta; there was a middleman who relayed information between Valletta and Cardona.
Prosecutors tell Muscat: you previously said lawyer Edward Gatt was the middleman.
Muscat: Yes, that was him.
Not like Romeo Bone's bomb
9.44am Muscat is asked about the bomb’s explosive power.
He recalls George Degiorgio telling Robert Agius (Ta Maksar) and Jamie Vella that the bomb “shouldn’t be like Romeo Bone’s in Msida”.
[Bone was left maimed, but not killed, when a bomb placed beneath his car detonated at Msida Circus in February 2017.]
In Daphne Caruana Galizia’s case, they decided to place the bomb inside the car, not out, to make it do more damage.
Can prosecutors revisit previous questions?
9.30am Muscat’s testimony is on pause as lawyers bicker over a legal issue.
Defence lawyers are unhappy with prosecutors again asking Vince Muscat if the murder payment deposit was paid before or after the 2017 general election. Muscat already answered that yesterday, defence lawyer Charles Mercieca notes.
Prosecutor Anthony Vella said it was just quoting from Muscat’s prior testimony, to remind him of what he had previously testified about it.
Judge Edwina Grima has heard enough: the prosecution should have made reference to that earlier testimony when it first asked Muscat about the chronology of the deposit payment, she says.
Muscat has answered the question; it cannot keep asking him the same thing in the hope of getting the reply it wants.
With that sorted, jurors and Muscat can be brought back into the courtroom.
Vince Muscat stuck in lift
9.07am Vince Muscat takes the witness stand - after a brief delay. It appears he was temporarily stuck in a courtroom lift. The same lift, it must be said, that several people were trapped in last month.
Inside the courtroom
9am Our court correspondent will be inside Hall 22 to follow Tuesday's proceedings. We are expecting the case to start shortly.
Who are the main players?
8.45am 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 Agius, 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 our Who's Who guide to the case.
Welcome
8.40am Good morning and welcome to this live blog. We're bringing you regular updates from the Valletta law courts, where this hugely significant trial resumes today.
Today's hearing is due to begin around 9am.