Wrap: Theuma told friend Yorgen Fenech was behind Caruana Galizia murder
Murder middleman's friend Edgar Brincat il-Ġojja testifies in day 16 of trial
Updated 6.25pm
An old friend of Melvin Theuma’s on Saturday testified that Theuma had confided in him that he acted as the middleman between Yorgen Fenech and the Degiorgio brothers in the murder of Daphne Caruana Galizia.
Edgar Brincat, known as il-Ġojja, told jurors that Theuma showed him audio recordings he had made of himself with Fenech, and advised him to use those recordings as leverage over Fenech.
He worried that if Theuma went to the police with them in the hope of a pardon, the “powerful people” involved in the case would conspire to pin the murder solely on Theuma, Brincat said.
Jurors heard Brincat’s testimony on the 16th day of the trial of Yorgen Fenech, the prominent businessman who stands accused of conspiracy in the 2017 assassination of the journalist.
Theuma, who knew Fenech, says he relayed €150,000 from Fenech to two of the three hitmen convicted of carrying out the murder.
Fenech denies all charges.
Theuma told him about the murder
Brincat testified that he knew Theuma since he was a teenager, having taken him under his wing as he ran a bookmaking business at the Marsa horse racing track. Theuma had confided in him about his role in Caruana Galizia’s murder, and also told him that one of the hitmen, Vince Muscat, known as il-Koħħu, was speaking to the police.
Theuma was scared that Muscat would expose him, Brincat said, and felt that whoever spoke first to police would end up getting a pardon.
Theuma also believed former OPM chief of staff Keith Schembri was involved in the murder, Brincat said - though Theuma told him he only got that impression because Yorgen Fenech kept mentioning Schembri, who at the time was chief of staff at the Office of the Prime Minister.
Brincat said he advised Theuma against asking Schembri for money over the murder, in case Schembri did not actually know about the plot. He described Theuma's state of mind at the time as troubled, saying Theuma even considered approaching the Archbishop for money.
He noticed a change in Theuma's behaviour, Brincat said. The jovial man he knew became glum and sullen, took to drink and would sometimes show up unannounced, asking for help to understand English-language news reports about the murder investigation.
'Powerful people'
Asked by the judge whether he thought Theuma risked being made to carry the blame given who was involved, Brincat said: "Yes, they are powerful people. You never know what contacts people have."
At one point, prosecutor Godwin Cini asked Brincat who he believed had engaged Theuma to act as the middleman in the murder of Caruana Galizia.
"Yorgen Fenech," the witness replied.
Ties to police commissioner
Brincat also testified about his relationship with Lawrence Cutajar, who served as police commissioner between 2016 and 2020.
He acknowledged meeting with Cutajar in 2019. Cutajar knew that Melvin Theuma had recordings and wanted Brincat to get hold of one, promising not to expose him if he did so.
Brincat said he did not trust the police.
"I used to tell Melvin not to go to the police. Why would I tell Lawrence Cutajar about these recordings?" he said in court.
WhatsApp messages the two exchanged also indicated that Brincat had sought Cutajar’s help to sort out a traffic contravention. Brincat is being tried separately in connection with that case over an allegedly false medical certificate he presented to have a hearing deferred.
He insisted throughout Saturday’s testimony that he just wanted Cutajar to have the contravention addressed to the right person, saying it was issued to him when he was not the person driving the car at the time.
Asked whether Cutajar ever warned him he was about to be arrested in November 2019 alongside Theuma, Brincat insisted he had no idea that was coming.
Brincat also told the court that, alongside the €150,000 Fenech gave Theuma to pay the Degiorgio brothers, Theuma was also making separate weekly payments to someone connected to the Degiorgios.
The court heard testimony earlier this week from a man who said Theuma gave him money to relay to the murder hitmen after they were arrested.
Cross-examination
Much of the defence’s cross-examination of Brincat focused on an audio recording played multiple times in the courtroom. The court instructed the media not to report on the contents of that recording until other witnesses have finished testifying.
In other questions put to him by defence lawyer Giannella de Marco, Brincat denied guiding Theuma on what to tell police or what to write in a letter police found after they arrested him.
He also denied ever discussing Theuma’s pardon - or his testimony in the case - with Lawrence Cutajar, who was police commissioner at the time.
When the defence told him that Theuma had recorded himself telling an associate of Fenech’s that he had given Brincat €15,000 to pass on to the commissioner, Brincat said Theuma was just making things up.
“He used to bluff, to make himself seem more powerful,” Brincat said.
Brincat’s testimony resumes on Monday.
AS IT HAPPENED
Brincat to resume testimony on Monday
6.03pm It’s 6pm, and defence lawyer Giannella De Marco stops her questioning. But the defence has more questions for Brincat, so he will need to remain in the court’s custody until the hearing resumes on Monday.
Jurors are sent out of the room. The judge ends the day’s hearing.
That’s all for today. We will have a summary of the key points of testimony available at the top of this article soon.
Thank you for having joined us, we’ll be back on Monday morning.
Taking Brincat through the transcript
5.45pm Just as before the break, defence questions focus on the recording we cannot report on for now.
Court hearing resumes
5.34pm The judge and jury return. The hearing resumes.
Court orders 20-minute break
5pm The court has ordered a 20-minute break.
Questions about recordings continue
4.52pm The witness is being played sections of an audio recording and questioned about it. But the court has ordered the press not report on its contents until all witnesses who may be questioned about it have testified.
Brincat denies raid tip-off
4.25pm After a flurry of questions about the recording (which we are not reporting for now), Brincat is asked if he warned Theuma about impending police raids.
Brincat: “Of course not.”
Brincat challenged on recording
4pm Brincat is played an audio recording. The press is not allowed to report on its contents in detail for now.
Brincat complains about the sound quality [journalists in the courtroom can barely make out what is being said].
The defence asks him for some details about things said in that recording, but Brincat says he cannot remember the context.
Brincat: Theuma didn't know Cutajar
3.50pm De Marco: Did you tell Melvin to ask for Lawrence Cutajar during his arrest?
Brincat: No.
De Marco: So Melvin doesn’t know Lawrence Cutajar?
Brincat: No.
He says he [Brincat] and Cutajar only discussed the murder twice: once when the contravention issue was discussed, and another time when Cutajar wanted information about Theuma.
Brincat denies helping Theuma with letter
3.45pm De Marco asks Brincat if he helped Theuma write his letter about Fenech and Schembri. Brincat says no.
She pushes him: did he never tell Theuma to say something about Schembri?
Brincat: No.
Did Brincat help Theuma prepare his police statement?
Brincat: No, I just told him to listen to the tapes, in case he is questioned about them.
Brincat on Cutajar's home
3.38pm Brincat says he knew where Lawrence Cutajar lived because several years prior, Cutajar had used Brincat’s car hire firm and Brincat had left him the car outside his home.
He insists he was not informed about his November 2019 arrest and had not planned his testimony with Cutajar.
Brincat on €15k claim: 'Theuma was bluffing'
3.32pm De Marco asked: Did Theuma lie about people?
Brincat says he never caught him doing so.
De Marco then puts it to him that Theuma ‘said you paid Lawrence Cutajar €15,000 for a cruise’.
Brincat says Theuma would bluff to Johann Cremona, to make him look more powerful.
[The defence reference is to a recording of Theuma’s in which he tells Johann Cremona that he had given Brincat €15,000 to relay to Cutajar, to help with his pardon. Theuma said Cutajar could use the money to "go on holiday".]
Brincat pushed on contravention
3.25pm The defence is questioning Brincat about the contravention he asked Cutajar to help him sort out. Brincat says it ended up being served to him when it was his worker, not him, who was driving the car.
He says he only asked Cutajar to help to have the contravention addressed to the right person. "In fact I was acquitted," he said.
Brincat: I never discussed pardon with commissioner
3.20pm Was Theuma worried about the police seizing his money, Brincat is asked.
Brincat says Theuma never spoke about that.
He says he never spoke to Lawrence Cutajar about Theuma’s pardon. The witness appears to be struggling to hear – or understand –defence counsel’s questions.
Brincat under cross-examination
3.15pm Defence lawyer Giannella de Marco asks Brincat if he (Brincat) made Theuma a lot of money.
Brincat: “I paid him a normal amount”. He says he did not know about Theuma’s finances.
De Marco asks Brincat about Theuma’s changed demeanour. “You said he used to joke around, then became glum,” she tells him. “Did he never speak?”
Brincat says that Theuma confided in him about his role in the murder when he told him he planned on getting a presidential pardon.
Brincat: Fenech was behind it
3.09pm The prosecution asks: Based on what Theuma told you throughout your friendship, who hired him and paid him to act as the murder middleman?
Brincat: “Yorgen Fenech”.
That’s all from the prosecution. Brincat will now be cross-examined by Fenech’s lawyers.
Court back in session
3.05pm The judge and jury return to court, and the hearing resumes. Brincat continues his testimony.
Court breaks for lunch
12.55pm The judge halts the court session for lunch. The hearing will resume at 3pm.
Brincat: I advised Melvin to mention Yorgen
12.52pm Brincat says he advised Theuma to mention Yorgen Fenech by name in the recordings, so that police would know who the person he was speaking to was.
A changed man
12.45pm Brincat says Theuma’s demeanour changed following his involvement in this case.
Before, he would joke around. Then he started drinking, would show up outside Brincat’s door unannounced, and ask Brincat to explain news reports about the murder to him, because he struggled to read English.
Theuma mentioned Kenneth Camilleri
12.35pm Brincat is asked about [Yorgen Fenech’s associate] Johann Cremona, but says he does not know him. He first heard of him through the news in relation to this case.
He recalls [former OPM chief of staff and Keith Schembri associate] Kenneth Camilleri, though. He recalls Theuma mentioning Camilleri and telling him something about meeting him about getting bail for the Degiorgios.
Brincat's concern: 'They are powerful people'
12.24pm The prosecution asks Brincat: Given that Yorgen Fenech and Keith Schembri were friends, and that Fenech was passing on information about the investigation to Melvin Theuma, what did he think of Theuma’s chances of getting a pardon?
Brincat says he had no idea, “I don’t know about this sort of thing.”
The judge asks him: Did you think they would pin it on Melvin Theuma, because of the people involved?
Brincat replies: “Yes, they are powerful people. You never know what contacts people have.”
What Theuma told him about Keith Schembri
12.17pm Brincat says Theuma believed Keith Schembri, [former OPM chief of staff], was involved in the murder - but never actually spoke to Schembri about it.
At one point, Theuma considered going to Schembri to demand money.
Brincat also tells the court about Theuma's "phantom job": Yorgen Fenech had told Theuma to go to Castille [where he was later put on the government payroll despite doing no work].
Asked by the prosecution why Theuma believed Schembri was involved in the murder, Brincat says it was because Fenech kept mentioning Schembri's name, even though Theuma and Schembri themselves only ever discussed the phantom job.
"That's why I told him not to ask Schembri for money," Brincat says, "because what if Schembri didn't know about the murder plot?"
Brincat says Theuma's "head wasn't in the right place" at the time. At one point, Theuma even told him he was planning to approach the Archbishop to ask for money.
Paying Degiorgios
12.10pm Theuma told Brincat about the €150,000 that Yorgen Fenech gave him to pay the Degiorgios.
But he also mentioned other sums of money, Brincat says. Every week, Theuma was giving money to someone connected to the Degiorgios, he says.
Brincat's warning about tapes
12.05pm Brincat is asked if Melvin Theuma ever spoke to Lawrence Cutajar. “As far as I know, no,” he replies.
Brincat says he warned Theuma that “someone” was aware about the tapes, and warned him to be careful with them.
Hearing resumes
12pm The hearing resumes. Edgar Brincat resumes his testimony.
30-minute break
11.27am The judge has called a 30-minute break.
As jurors exit, defence lawyer Charles Mercieca makes a remark about Brincat and Cutajar chatting. He is immediately reprimanded by the judge.
Brincat: Cutajar never warned me about arrest
11.25am Brincat confirms that he was arrested in November 2019 along with Melvin Theuma. Did he speak to anyone on the night before the arrest, prosecutor Godwin Cini asks him.
Brincat says he can’t remember.
He says he had no idea that he was going to be arrested – Cutajar never mentioned anything about that.
Brincat had texted Cutajar “5pm OK” and Cutajar had replied “OK”. He is asked about that exchange but says he can’t remember what the “5pm” referred to.
He says he can’t remember when he met Cutajar – he often cancelled planned meetings, he says, adding “I used to try to avoid him”.
WhatsApp chats between the two
11.21am The witness is shown a WhatsApp chat between himself (Brincat) and Lawrence Cutajar. Cutajar was saved in his contact list as ‘M.R.C.’ for Marsa Racing Club.
In it, Brincat sent him a contravention one of his employees received while driving a car registered in Brincat’s name. Brincat had mentioned it to Cutajar previously. Cutajar tells him he’ll look into it.
The two also appeared to discuss the deferment of a court sitting. One asked the other if the deferment was sorted.
“Yes, I gave them a [medical?] certificate,” the other replied.
In October 2019, Cutajar texted Brincat to tell him a hearing was deferred to February 18 of the following year.
Brincat: 'Why would I tell Lawrence about tapes?'
11.12am The court has been shown the evidence that we cannot report about for now.
Brincat says Cutajar had asked him about Theuma’s tapes and asked him to get his hands on one of them. He promised Brincat that he would not be exposed.
But Brincat implies he did not discuss them with Cutajar.
“I used to tell Melvin not to go to the police, why would I tell Lawrence Cutajar about these recordings?” he says.
He says he cannot recall how much time passed between Theuma telling him about the tapes and Cutajar asking about them.
A ruling on new evidence
10.42am Jurors are going to be shown a piece of evidence, but we (the press) cannot report on it until the end of today’s hearing. That’s under court order.
Remember - we will be summarising today's proceedings (and providing more detail about this evidence) once the hearing is over this evening.
Brincat and Lawrence Cutajar
10.34am Brincat turns to his relationship with Lawrence Cutajar, the former police commissioner. He says that once his Birżebbuġa restaurant had been robbed, and Cutajar was one of the police officers involved in the investigation.
The prosecution takes Brincat back to his previous testimony, when he admitted that he had spoken to Cutajar about the case.
A phone intercept is mentioned, but defence lawyers want to raise a legal issue about it. Brincat’s testimony is paused and jurors sent out while the court sorts that out.
Hearing the recordings
10.25am Brincat says he asked Theuma to hear the recordings. Theuma played him a couple of them off USB sticks.
Brincat says he couldn’t really make out what was being said, but he didn’t really care – the existence of the recordings on the USBs was enough for him, and he figured the police would be able to understand the recordings.
Brincat suggested using tapes as leverage
10.19am Brincat said he couldn’t believe it when Theuma told him he had recordings proving everything. He asked Theuma if Yorgen Fenech knew of the tapes, and suggested to Theuma that he should tell him about them and use them as leverage, to get Fenech to help him.
Did someone else know that Yorgen Fenech was involved, the prosecution asks.
Brincat says only Theuma knew.
Theuma was worried he’d end up in prison, he tells the judge when asked what Theuma was afraid of.
Theuma's pardon calculation
10.05am Melvin Theuma and Yorgen Fenech appeared to be friends, Brincat says. Theuma worked as a taxi driver at the [Fenech-owned] Hilton, and the two had travelled abroad together.
Brincat says that when Theuma told him that he intended to seek a pardon, he [Brincat] advised him against it. The police might not want to give him a pardon, he warned.
But Theuma believed the first person who agreed to speak to police would get a pardon – and he wanted to be first.
Theuma confided in Brincat about murder
9.52am Theuma had confided in Brincat that he was involved in the murder, Brincat testifies – he told him he acted as a middleman between Yorgen Fenech and the Degiorgio brothers.
He is asked if he knows at what point Theuma relayed money from Fenech to the brothers. Brincat says he does not know. He just knows that Theuma told him he passed on money.
Theuma also told him that Fenech had warned him that Vince Muscat il-Koħħu was speaking to the police.
Theuma told Brincat that he intended to seek a presidential pardon.
"He was scared that Koħħu would expose him," he says.
Theuma and Brincat were buddies
9.47am The two men had a “very good relationship”, Brincat says.
They would visit each other at home and go out to eat. Brincat would invite Theuma over for family BBQs.
Edgar Brincat testifies
9.41am Edgar Brincat, known as il-Ġojja, is the next witness. He is told that he can choose not to answer questions about pending criminal proceedings he faces.
Brincat tells the court he worked as a car dealer, had a restaurant in Birżebbuġa and also worked as a bookmaker.
Edgar Brincat, known as il-Ġojja, outside court on Saturday. Photo: Chris Sant FournierInsurance ties between the two
9.38am Magistrate Nadia Vella is the next witness. She is testifying with regard to work she did before she joined the judiciary, as a litigation officer.
At the time, the company she worked for was asked to look into four individuals: Melvin Theuma, Charmaine Zammit, Cheyenne Zammit and Ryan Farrugia.
Vella tells the court that Theuma held car insurance policies that covered Edgar Brincat to drive those cars.
Her testimony ends here.
Car ties between Theuma and Brincat
9.33am The day’s first witness is Brian Farrugia, who in 2021 worked for Transport Malta. Farrugia was tasked with looking into vehicles registered in Melvin Theuma’s name.
His testimony sheds light on business ties between Melvin Theuma and Edgar Brincat il-Ġojja.
Farrugia explains how various cars were registered to Brincat Auto Importers, but had Melvin Theuma listed as their owner. In another instance, a car originally registered under Theuma was transferred to Brincat.
Farrugia's testimony ends here.
Court hearing begins
9.20am The judge and jury are in the courtroom. Saturday's court hearing can begin.
'Daphne never got to know her grandchildren'
8.45am To most people, Daphne Caruana Galizia was a journalist and blogger. But she was also a daughter, mother and - had she not been killed - a grandmother.
"Sadly, Daphne - who loved children - never got to know her grandchildren, whom she would have loved dearly, since they came along after her brutal murder," her sister Mandy posted earlier on Saturday.
"The bomb did not just kill Daphne; it also robbed her grandchildren of a grandmother they would have loved."
Welcome
8.30am Good morning and welcome to this live blog. We'll be with you all day from the Valletta law courts.