The first compilation of evidence hearing this year against Yorgen Fenech, accused of conspiring to murder Daphne Caruana Galizia took place on Thursday.
Highlights from Thursday's case:
- Court hears the first of recordings that Melvin Theuma made before he was arrested by police. Some of it takes place against the background of children’s chatter;
- Recordings show he pressed Yorgen Fenech to put pressure on Keith Schembri to help get bail for Alfred and George Degiorgio, two of the three men involved in triggering the bomb which killed the journalist;
- Lawyer accuses Theuma of contradicting himself when he mentions Schembri and Kenneth Camilleri from the Office of the Prime Minister in connection with the bail requests;
- Theuma says that at the time he suspected that a plan had been hatched, involving Fenech and Schembri to jail him or kill him.
Case adjourned
12.25pm That's it for today. The case has been adjourned to February 5.
Airing of recordings suspended
12.15 The magistrate says that middleman’s testimony had better be suspended today, since she is not too happy with the quality of the recordings.
She suggests to first get the transcripts of the recordings and then proceed to question the middleman about them. The court appoints an expert to transcribe the recordings.
Theuma is escorted out of the court room.
'Get them bail'
12.10pm As Fenech appears with his head bent, lost in thought, we hear another recording where the word "pledge" is heard.
Theuma says that he was so sure that Kenneth Camilleri from OPM had been sent by Schembri that he had not even asked him.
He adds that he had ended up in a very difficult situation, bombarded by calls from the brother of murder suspects Alfred and George Degiorgio, asking for bail. He says he got flak when the bail request failed to materialise.
Theuma says Fenech knew nothing of the bail promise by Kenneth Camilleri. Theuma says that he pressed Fenech to put pressure on Schembri to help get the Degiorgios bail.
Fenech allegedly replied “That one (Schembri) did not even fix his court affairs, let alone this (bail).” But Fenech told him they would continue doing everything possible to help get bail for the two brothers charged with planting the bomb.
Background: Last month, Schembri had told court: "I was once mentioned by Theuma who threatened to bring the Degiorgio family behind my door. No one ever spoke to me about Degiorgios' bail."
Keith Schembri outside court last month. Photo: Matthew MirabelliKeith and Kenneth
11.55am Theuma says Fenech was getting "information" from someone else.
The magistrate asks him to identify the people.
"Keith" (Schembri) he replies.
Another clip: Theuma says he sent a message to murder suspect Alfred Degiorgio via his brother Mario.
He had gone to tell Mario that same evening that Kenneth had passed on the bail information.
In the recording, Theuma is heard saying: "Keith told me this". But Theuma is now telling the court that it's not true that Schembri had told him that the pledge would be granted. "Kenneth told me this, not Keith. I just associated Kenneth with Keith."
Lawyer Gianluca Caruana Curran interrupts: "He's contradicting himself".
Asked to explain himself, Theuma replies: "at that time I suspected that a plan had been hatched, involving Yorgen and Keith to get me in jail or kill me."
'A plan was being hatched to get me out of the way'
11.50am On October 15, 2018, Theuma gave Fenech the recordings on pendrives.
"I remember because it was the day I had a tattoo, a personal one of my child."
Another clip is played - this time Fenech is talking about football. Fenech has no recollection of the date being played.
The audio clip is not clear but there is talk of a "million" heard. We also hear the words "Keith", "bail" and "the 22nd".
The conversation focused on the time Kenneth Camilleri from the Office of the Prime Minister had visited Theuma and told him that the hitmen were to be granted bail on the 22nd plus a million euros each.
Theuma also mentions lawyer Arthur Azzopardi. He says he mentioned him because he heard he told Vince Muscat, one of the men charged with the murder, to tell all.
"That’s why I thought a plan was being hatched to get me out of the way."
Recordings being aired to court
11.45am The first audio recording was taken in Fenech's Jaguar. There are male voices in the background and a child’s voice too as we hear the sound of the car's reverse lights.
"It was probably 2018 or 2019, certainly not 2017. I began to record after (accused triggerman) Vince Muscat began to spill the beans with police," Theuma says.
He says that he had two mobile phones, one he had placed in the car door on airplay mode and the other visible one was placed in the middle, near the gearstick. He was recording Fenech through the hidden one.
"Did you tell him you were recording," the magistrate asks.
"No, never. I only told him later. It was later I sent him a message through Johann Cremona (involved in the gambling scene) that he was being recorded," Theuma replies.
Case resumes
11.40am The case resumes with Melvin Theuma taking the witness stand.
Arnaud explains to Theuma that they will be asking questions later after the audio file is played out.
A case that jolted Malta
11.30am The compilation of evidence is taking place two months after Fenech was arrested as he tried to leave the island on board his luxury yacht.
Since then, the case has jolted the very core of the Maltese government, leading to the resignations of Keith Schembri, Konrad Mizzi and the premature departure of Prime Minister Joseph Muscat.
Three other men have been charged with planting the bomb that killed Daphne Caruana Galizia on October 16, 2017.
Yorgen Fenech's luxury yacht at Portomaso.Hearing suspended
11.11am The hearing has been suspended for a few minutes until the technical issues are ironed out so that Theuma's recordings may be played out without interruptions.
A snippet of the recordings was played in court, and a child's voice could be heard.
During a sitting last December, Theuma had said he began making secret recordings of Fenech: in his car, at Level 21 in Portomaso and at the businessman's Żebbuġ home.
Theuma had claimed he made the recordings when he feared Yorgen Fenech and Keith Schembri would go after him.
Identical recordings in multiple devices
10.55am Inspector Keith Arnaud says he asked for all the items found in Melvin Theuma's box. There were some identical recordings in multiple devices, he says.
"We know which are the parts to play out here," Arnaud says.
Defence lawyer Marion Camilleri says that they would like a copy of the recordings too.
Background: Theuma is the middleman who has been granted a presidential pardon in exchange for information on the crime. We had reported that Theuma, the middleman-turned-state-witness in the case, was caught moving key evidence from his house at the time of his arrest.
The evidence included a plastic box containing mobile phones, two bundles of papers, a SIM card and a USB pen drive with damning recorded conversations concerning the murder between himself and Yorgen Fenech.
As we wait...
10.35am It's a crowded court room and there are murmurs around as lawyers engage in discussion.
Caruana Galizia's relatives are sitting right behind the man charged with the murder. Fenech's relatives are standing in a corner at the back of the hall. The journalists are seated on the sides of the room and back.
Recordings to be played in court
10.30am The defence lawyers are pointing out that they were not notified of the application served in prison. They say Yorgen Fenech had not been given a copy of the application in prison on January 24 stating the appointment of previous witness Cardona. They claim this was a shortcoming by prison authorities and thus could not file a reply.
Yesterday, the expert met Inspector Keith Arnaud and heard part of the recordings “just to check that the audio was OK”.
Magistrate is asking about the recordings.
"Are these to be played out and witnesses may be asked about them? she asks.
Theuma will be questioned on the recordings that will be played out in court. Court and prosecution are mapping the way forward.
Melvin Theuma (right) escorted to court last December.Photos presented
10.20am Court expert Alvin Cardona is the first to testify, presenting 23 photos. He also presents a hard drive containing copy of all files he was tasked to copy. He doesn't say what the photos contain.
Court in session
10.15am Yorgen Fenech walks into the court room, with armed security by his side. Magistrate Rachel Montebello enters the court room.
Witnesses, family gather
10am Witnesses, officials and the family of Daphne Caruana Galizia are present in the court room. There is once again heavy security around the court building, including sniffer dogs.
Lawyers Gianluca Caruana Curran and Marion Camilleri are appearing for Fenech. Lawyers Jason Azzopardi, Therese Comodini Cachia, Peter Caruana Galizia and Eve Borg Costanzi are appearing parte civile for the family.
Two plain clothes policeman are watching over Melvin Theuma, the middleman in the murder.
The court is not yet in session.
Just before the case this morning, activist and blogger Manuel Delia won a constitutional case filed against the government over the persistent dismantling of the makeshift memorial to Daphne Caruana Galizia.
The background
The business tycoon and heir to a family fortune stands charged with complicity in the journalist’s October 2017 murder.
Murder middleman Melvin Theuma told a court that he believed Mr Fenech was the only mastermind behind the murder, despite him having written a handwritten letter in which he also named former chief of staff Keith Schembri as a co-conspirator.
Theuma has said he surreptitiously recorded Fenech. Here's our report on Theuma's first testimony before the courts.
During the December 23 case it emerged:
- Keith Schembri refused to give police the password to his iCloud and emails;
- Police did not seal Schembri’s OPM office after the arrest;
- Lawyer for AG says it is not Fenech but ‘others’ who were tampering with evidence;
- Fenech’s wife and children left for UK on day of arrest ‘for their safety’;
- Documents related to Wings Development, known as 17 Black found in search;
Bail request for Fenech was denied.
During the December 19 case, Inspector Keith Arnaud gave a detailed testimony. The highlights were:
- Keith Schembri's mobile phone is not part of the evidence because he told police he lost it;
- The former chief of staff is still being investigated in relation to the murder;
- Data has been erased from the phone of Dr Adrian Vella, who allegedly passed notes between Schembri and Yorgen Fenech, after his arrest;
- One of the notes made reference to other people's possible involvement including Economy Minister Chris Cardona;
- The price paid to murder Caruana Galizia was between €400,000 and €500,000, according to alleged murder middleman Melvin Theuma;
- Yorgen Fenech plotted how he could escape via Tunis, possibly on a private jet and was arrested while trying to flee to France.