Updated 10.20am

A cross-examination of Daphne Caruana Galizia murder middleman Melvin Theuma ended before it could start on Wednesday, with a lawyer representing co-accused George and Alfred Degiorgio refusing to proceed until recordings made by Theuma were played in full. 

Defence lawyer William Cuschieri told the court that they would be reserving their rights and standing firm in their demand that the court should hear the entirety of audio recordings that Theuma has made related to Caruana Galizia’s murder. 

Theuma has secured a presidential pardon in exchange for testimony and evidence linking the Degiorgio brothers and business mogul Yorgen Fenech to the 2017 assassination. A fourth man, Vince Muscat, has pleaded guilty to the murder charges. 

Judge Edwina Grima decreed on Tuesday that while the defence could play relevant snippets of Theuma’s recordings as part of its cross-examination of him, it could not play the files from start to finish. The judge also ordered the magistrate’s court to wrap up cross-examination and move the case forward. 

George Degiorgio, Alfred Degiorgio and Vincent Muscat.

But on Wednesday morning, as Theuma waited in the law courts’ corridors to be summoned as a witness, Cuschieri told magistrate Claire Stafrace Zammit that his clients would not be toeing that line. Their request for the recordings to be played in full remained unchanged, he informed the court.

Deputy attorney general Philip Galea Farrugia and parte civile lawyer Jason Azzopardi both argued that the defence’s position meant that it was forfeiting its right to cross-examine Theuma, and asked the magistrate to declare cross-examination over. 

The magistrate, however, said she could not force the defence to do what it refused to, and ruled that the final decision would be taken by a superior court.

She passed records of the case to the criminal court, for it to decide accordingly.

As it happened

Live blog ends 

10.03am That's all for today. This live blog will end here. We will have a summary of the hearing available at the top of this article shortly. Thank you for having joined us.

Accused escorted out

9.59am It's proven to be little more than a morning outing for the Degiorgio brothers, who are escorted out of the courtroom to be taken back to Corradino Correctional Facility, where they are being held. 

What is clear is that the defence is absolutely adamant on having these recordings played out in full - they have been pressing this point home for months now. 

Nothing done

9.56am Superintendent Arnaud asks the magistrate to formally note that Melvin Theuma is outside the courtroom, waiting to testify. That is duly noted. 

And with that, the hearing is over with nothing accomplished. It will now be up to the criminal court to decide how to proceed, given the defence’s refusal to comply with its decree to wrap up proceedings. 

Records sent back to criminal court

9.54am Magistrate Claire Stafrace Zammit takes note of the defence’s position and says she cannot make the defence do something it does not want to do. 

She therefore sends records of the case back to the criminal court, for it to decide accordingly. 

The day’s session could be over before it has even started!

Prosecution says defence has forfeited its rights

9.52am The Degiorgios are essentially refusing to comply with an order given by a judge. 

Deputy attorney general Philip Galea Farrugia says that their stance goes directly against two decrees given by the criminal court, which ordered Theuma’s cross-examination to be wrapped up. 

He says that nothing prevents the defence from playing snippets of the recordings to Theuma, who can then explain their context and who the speakers are. 

The accused’s refusal to cross-examine Theuma should therefore be taken to mean that they are forfeiting their right to do so, Galea Farrugia argues. 

Parte civile lawyer Jason Azzopardi tells the court that they second that position.

...or does it? 

9.46am The stage is set, but it seems the defence is putting its foot down: the defence refuses to cross-examine Theuma until the audio recordings he made are heard in open court. 

Defence lawyer William Cushcieri says that while they take note of judge Edwina Grima’s decree (which stated that only relevant extracts of the recordings can be played), they will not be proceeding with cross-examination until Theuma is made to hear the recordings.

Cuschieri says they are not renouncing their right to cross-examination, but rather reserving their rights. 

Court hearing begins...

9.43am The accused are in the dock and magistrate Stafrace Zammit enters the courtroom. Proceedings can begin. 

When did Theuma last appear in court? 

9.41am Theuma last testified in these proceedings in February, when he faced questions from Vince Muscat’s lawyer, Marc Sant. 

At the time, Muscat was still pleading not guilty to the murder charges. 

Read our blow-by-blow account of that court hearing.

Playing the recordings

9.40am Judge Edwina Grima has said that Theuma can be played snippets from his various recordings as part of the defence’s cross-examination, but not the entire recordings. 

That reflects the proposal which the deputy attorney general made at the end of Tuesday’s proceedings. 

Empty dock

9.34am We’re in hall 22, waiting for events to get under way. 

The dock is still empty, but the Degiorgio brothers are in the court building – they were brought in by a police van through a back entrance minutes ago. 

The Degiorgio brothers are brought to court on Wednesday morning. Photo: Chris Sant Fournier

Who are the lawyers? 

9.31am Lawyer William Cuschieri is representing the Degiorgio brothers. 

Superintendent Keith Arnaud and inspector Kurt Zahra are leading the prosecution, together with deputy attorney general Philip Galea Farrugia. 

The Caruana Galizia family also has legal representatives in this case – lawyers Jason Azzopardi and Therese Comodini Cachia. 

Theuma has two lawyers of his own - Kathleen Calleja Grima and Matthew Brincat.

Welcome

9.29am Good morning and welcome to this live blog. We're back in the Valletta law courts, where the case against George and Alfred Degiorgio continues, one day after further testimony from their former co-accused, Vince Muscat. 

Magistrate Claire Stafrace Zammit will be presiding.