Wrap: 'You were corrupt,' defence tells ex-police chief in Yorgen Fenech trial
Former police commissioner comes under cross-examination in murder trial
Updated 6.45pm
Former police commissioner Lawrence Cutajar told Melvin Theuma's associate Edgar Brincat, il-Ġojja, that it was "important we adopt the same line" ahead of their testimonies, jurors in the trial of Yorgen Fenech heard on Monday.
The statement was part of a longer phone call between Cutajar and Brincat which was intercepted by security services and played in open court during Monday's sitting.
The recording, made a day before Brincat testified during the compilation of evidence, formed the centrepiece of Cutajar's testimony in the trial of businessman Yorgen Fenech, who denies paying €150,000 to have Caruana Galizia murdered in 2017.
Cutajar denied attempting to coordinate evidence, insisting he simply meant they should "tell the truth". He also denied leaking information to Brincat or tipping off murder middleman Melvin Theuma before his arrest.
'I took a risk'
The recording also appeared to capture the two men discussing an impending police raid and Melvin Theuma's statement to investigators.
Cutajar had secretly met with Brincat in the days leading up to Theuma’s arrest in November 2019, with lead investigator Keith Arnaud having previously testified that his then-boss had held that meeting “in secret”.
Other witnesses have testified that Cutajar was subsequently questioned about that secret meeting in his office.
But when testifying on Monday, Cutajar said he had no recollection of any such meeting and said he had done nothing wrong.
He insisted he had met with Brincat to try to get information about secret recordings Theuma had made.
“I stood to gain a lot if I managed to get the information,” the former police commissioner said. “I felt I should take the risk and ask him.”
Cutajar testified he strung Brincat along and implied he would help sort out a traffic contravention for him. That was his “bait,” he said under oath.
In the phone recording, Cutajar could be heard telling Brincat he was relieved he had thought about the traffic contravention, adding that otherwise "they would have crucified me".
When confronted with the phone intercept in court, Brincat said it was "banal". Cutajar maintained that when he spoke of adopting "the same line", he meant only that both men should tell the truth.
Lawrence Cutajar (in blue, centre) in 2017. Photo: Jonathan BorgDefence calls Cutajar 'corrupt'
The recording was the focal point of an increasingly confrontational cross-examination by defence lawyer Giannella de Marco.
De Marco accused the former police commissioner of lying under oath, alleged he had tipped off Theuma before police moved in to arrest him and branded him "corrupt".
“This has nothing to do with politics,” she told him. “You were a corrupt commissioner!”
Judge Edwina Grima intervened, reminding counsel she could not make such allegations.
Cutajar rejected the accusation.
"I never revealed information linked to the investigation," he insisted, adding that investigators had solved a bombing that initially left "no trace".
"I think I deserve some merit."
Cutajar: 'I didn't know about Theuma raid'
Cutajar claimed to have no forewarning of Theuma’s specific arrest date and also said he had no reason to ever call Johann Cremona, an associate of Fenech’s.
When the defence presented him with a phone record indicating a call between himself and Cremona around the time of Theuma’s arrest, Cutajar said he had no recollection of it.
Defence lawyers also noted that a superintendent testified that he informed Cutajar about Theuma’s arrest date. Theuma was then seen clearing things out two days before the arrest, Cutajar was told.
“He cleared nothing,” Cutajar shot back. “We needed the recordings and we got them.”
The former commissioner also defended the controversial decision to delay Theuma's arrest.
Echoing evidence previously given by lead investigator Keith Arnaud, Cutajar said investigators deliberately waited because they feared that if they moved too early, they risked not finding the recordings he had made of himself with Fenech and others.
He said he instructed the Financial Crimes Investigation Department to investigate Theuma separately over suspected financial offences because that provided lawful grounds to arrest him, while investigators continued building the murder case.
'AG agreed, so I signed'
Earlier, Cutajar confirmed attending meetings at Castille with then prime minister Joseph Muscat, chief of staff Keith Schembri, Attorney General Peter Grech and lead investigator Keith Arnaud, where investigators discussed Melvin Theuma, his recordings and whether police should move in immediately or continue gathering evidence.
He insisted he never listened to the recordings before Theuma's arrest and played no role in questioning either Theuma or Fenech.
Cutajar also denied having anything to do with the detail of Theuma’s pardon, saying it was the attorney general who decided what crimes to include in it.
“The attorney general agreed, so I signed,” he said.
Ġojja denies coaching Theuma
Before Cutajar took the witness stand, Edgar Brincat concluded his testimony.
Asked by jurors who Melvin Theuma had been referring to when he complained that "they've ended up making me depressed", Brincat replied: "The Degiorgio brothers and Yorgen."
Brincat denied coaching Theuma on what to tell police or encouraging him to fabricate evidence against Fenech.
He also denied ever mentioning Theuma’s problems in his conversations with Cutajar.
“As if I’m going to tell the police commissioner ‘My mate’s involved in a bomb, can you help him out?’” he said.
The case continues on Tuesday.
As it happened
Live blog ends
6.25pm That's all from us today - we'll be back tomorrow morning.
We'll have a summary of the key points from today's testimony at the top of this article soon.
Cutajar: 'Commissioners don't grant pardons'
6.05pm What did Cutajar tell deputy attorney general (now magistrate) Philip Galea Farrugia when he told him they were working on a pardon for Theuma? And what did he tell Cutajar?
Cutajar says he can’t quite remember if he requested a pardon for Theuma, or Theuma and his family. He recalls investigators compiling a report into the pardon but “I’m not sure if I saw it”.
“What I can confirm is that we took it to cabinet and then to the president. Commissioners can’t grant pardons.”
That’s all from Cutajar. And that’s the end of today’s court hearing.
The jury is escorted out of the courtroom.
Prosecution questions
6.02pm The defence is done cross-examining Cutajar.
Now the prosecution wants to clarify some points with Cutajar about things he said under cross-examination.
Cutajar: 'The AG agreed, so I signed'
5.55pm The defence questions are now focused on Theuma’s pardon, which listed various crimes that Theuma was being pardoned for.
Cutajar insists he played no part in the detail of the pardon or specific crimes. He does not know who decided which crimes to include in the pardon.
“Those crimes were discussed with the attorney general, not with me,” he says. “The attorney general agreed, and I signed.”
Cutajar: I never got involved in Theuma pardon
5.42pm Cutajar insists he never got involved in Theuma’s pardon, or that given to Vince Muscat il-Koħħu [Koħħu, who was one of the Caruana Galizia hitmen, got a pardon for his role in a separate murder, of lawyer Carmel Chircop].
He is asked if he knew Theuma had a photo of Keith Schembri.
Cutajar says he only got to know from media reports.
The defence says Theuma initially wanted a “Nationalist lawyer”. Cutajar says it makes no difference who he wanted.
He confirms he was part of Castille meetings about Theuma’s pardon, but says he did not attend any such meetings about Muscat’s.
Cutajar insists Theuma did not ask for him
5.30pm Cutajar says he was not present when Theuma was interrogated.
The defence tells him that Theuma specifically asked for him.
Cutajar: I didn’t know Theuma and nobody ever told me he asked for me.
Defence: Everyone told us he asked for you.
Cutajar: It can’t be. Definitely not.
Cutajar confronted on Johann Cremona
5.25pm Cutajar says he spoke to Johann Cremona “once, about a case”. He’s not sure if he had Cremona’s number, but “I definitely had his father’s”.
When he’s asked if he called Cremona, Cutajar exclaims “Why would I have called him!”
The defence shows Cutajar a phone record of a call between Cutajar and Cremona. It says the call took place around the same time as Theuma’s arrest.
Cutajar: I don’t remember it.
Defence: So you weren’t telling him what Theuma said about the tapes.
Cutajar: Definitely not.
Cutajar: 'I don't remember'
5.12pm Cutajar is pressed by the judge: Does he recall being spoken to in his office and confronted about his chats with Brincat? The witness says “no, I don’t remember.”
Lawrence Cutajar (in blue, centre) in 2017. Photo: Jonathan BorgDefence to Cutajar: 'You're corrupt'
5pm The defence presses Cutajar on tipping Theuma off about the raid.
“I didn’t know the date,” the ex-commissioner insists.
De Marco explodes. “You’re corrupt!” she tells the witness. “This has nothing to do with politics. You were a corrupt commissioner.”
The judge tells the defence lawyer she can't make such allegations.
Cutajar says the case was solved under his watch. “A bomb leaves no trace and the crime was solved. I think I deserve some merit. I took important decisions in connection with this case.”
Cutajar: I spoke to Keith about football
4.50pm Did Cutajar want to keep Keith Schembri out of the probe? Did he ever speak to Schembri about it?
Cutajar: I never spoke to him. We swapped the odd message about football.
Defence: Is he an Inter fan, too?
Cutajar: No, no. Not an Inter fan.
[Cutajar is a huge fan of the Italian football club. He is wearing a black-and-blue striped tie today].
Cutajar denies knowing about Theuma arrest date
4.45pm Cutajar says he did not know about Theuma’s upcoming arrest.
The defence begs to differ.
Defence: Superintendent Vella testified that on November 5 he told you that Theuma was to be arrested on November 16. On November 13, Theuma coincidentally started clearing everything out.
Cutajar: He didn’t clear anything, because we found everything. We wanted the recordings and got them.
Defence: 'You told nobody'
4.42pm Cutajar claims he contacted the inquiring magistrate in the case. But when pressed to name the magistrate, he struggles.
Defence: The Malta Security Services caught you and informed Magistrate Gabriella Vella, who was leading the money laundering inquiry. You were then questioned in your office.
Cutajar: No, I don’t recall that.
Defence: So Superintendent Nicholas Vella is lying about you?
Cutajar: I’m providing facts as I recall them.
Defence: You told nobody. You were caught, summoned for questioning at night and given a dressing down.
Cutajar is presented with a Times of Malta article that exposed his secret meeting with Brincat. The article noted that investigators were not told about the meeting before it happened.
Defence: Arnaud said this article was correct.
Cutajar: I don’t recall anyone telling me I did anything wrong.
Cutajar: 'I stood to gain, I took the risk'
4.35pm De Marco presses the witness on the decision to delay Theuma’s arrest.
Cutajar says they were worried they wouldn’t find Theuma’s tapes.
De Marco: If you arrested and searched him, you’d have found them. He’d have given them to you.
Cutajar [sarcastically]: Sure, that’s what they all do.
De Marco: So if you were worried about the tapes, why did you ask Brincat about them?
Cutajar: I stood to gain a lot if I managed to get the information. I felt I should take the risk and ask him.
Cutajar: 'What investigator would pass up information?'
4.28pm Cutajar denies ever lying about Keith Arnaud. He again denies leaking any investigative information.
“I confirm under oath that I never revealed information linked to the investigation,” he says.
Defence: “You weren’t part of the investigation team, so how did you get involved?”
Cutajar: “What investigator would pass up the opportunity to get some information about a case?”
Defence tells Cutajar: 'You lied under oath'
4.13pm Defence lawyer Giannella de Marco begins her questioning.
You lied under oath, she tells the police commissioner.
Cutajar: I totally forgot about this phone call. I’m not denying the call.
The lawyer pushes Cutajar on some of the things said in the call. Cutajar insists he did nothing wrong.
'It's all bla bla bla'
4.05pm Cutajar insists he doesn’t recall the call [which we are barred from reporting on].
He says the call “is proof that I never revealed any information about the investigation.”
“It’s all bla bla bla,” Malta’s former top cop says.
That’s all from the prosecution.
Fenech’s lawyers will now cross-examine the witness.
Cutajar does not recall recording
3.52pm Cutajar is played a recording of a phone intercept. It’s a recording of a call. [On Saturday, the judge ordered the press not to report on the contents of the recording. The court has not revoked that order so we are not providing any detail for now.]
Cutajar says he “has no idea about it”.
Cutajar denies discussing testimony
3.40pm Prosecutors ask Cutajar if he discussed his first testimony in the case (in the compilation of evidence) with anyone before giving it.
Cutajar says no. "I didn't even have a lawyer" he says.
Cutajar: Contravention was 'bait'
3.35pm He and Brincat met one more time, Cutajar says.
He says he intended to string Brincat along and make him think he was taking care of his contravention issue – it was “bait”, he says - to get Brincat to give him information about Theuma. But Brincat never gave him anything, the witness says.
Prosecutors show him a WhatsApp chat between the two in which Cutajar asks Brincat “Ok for tomorrow’s deferment?” and Brincat replies “Yes, I gave them a certificate”.
[Brincat was subsequently charged with presenting a false medical certificate].
Cutajar confirms it concerned a citation summons for the contravention they were discussing.
“I continued talking to him to learn more about the tapes,” he insists.
Theuma questioned in Cutajar's office
3.23pm
Theuma’s first interrogation took place in Cutajar’s office, we learn. But Cutajar says he “stayed out of it” and that Keith Arnaud asked all the questions.
He says he investigators kept him “continuously” updated about their dealings with Theuma after his arrest.
Cutajar confirms that his signature is one of three on the Theuma’s pardon – the other two belong to Theuma himself, and Attorney General Peter Grech.
He says Arnaud presented the pardon to Cabinet.
Theuma’s information and pardon led to Yorgen Fenech’s arrest, he confirms.
Cutajar says he was never involved in police questioning of Fenech.
'I never saw the recordings'
3.10pm Cutajar says he asked Brincat about Theuma’s recordings when the two met. He asked Brincat if he knew where the recordings were.
He says he then told investigators on the case that he was speaking to someone about the recordings. He’s not entirely sure, but he thinks he told them who that person was [Brincat].
Theuma was subsequently arrested by the financial crimes department. Cutajar says he was told of the arrest after it happened, and told Theuma’s recordings were found inside a box.
“I never saw them myself,” he says.
Court hearing resumes
3.05pm The judge and jury are back following a lunch break. The court hearing can resume.
Break
1.15pm The court breaks for lunch and will resume at 3pm.
Cutajar will remain in police custody during the break because he is still under oath. The judge tells him the court will provide him with food.
Defence lawyer Charles Mercieca asks: “What’s for lunch?”
The judge ignores the question and retires to her chambers.
Investigators told about meeting
1.12pm The former police boss says Edgar Brincat never told him what was contained in Melvin Theuma's recordings, despite his attempts to obtain information from him.
He says he believes he met Brincat again and subsequently informed the murder investigators, the inquiring magistrate, the Malta Security Service and Europol about the contact.
According to Cutajar, none of them told him he had done anything wrong by speaking to Brincat.
He cannot recall exactly how long he waited before reporting the meeting, but believes it was a few days after Brincat visited him at home.
[Earlier in the trial, lead investigator Keith Arnaud testified that Cutajar had met with Brincat 'in secret']
A protest against Cutajar held in 2017 after Daphne's assassination. Photo: Matthew MirabelliContact with il-Ġojja
1.10pm Edgar Brincat, il-Ġojja approached Cutajar at his home about a traffic contravention, claiming he had not been driving the vehicle when the fine was issued.
Cutajar says his “police mind” immediately kicked in. With the murder investigation making little progress at the time, he saw an opportunity to question Brincat about Melvin Theuma.
Asked how he knew the two men knew each other, Cutajar replies that his years working in Qormi meant he knew the area and its people extremely well.
“I even knew where the devil lived,” he quips.
Cutajar rejects suggestions of secrecy
1pm Cutajar says that arresting Melvin Theuma over financial crimes would give police greater leverage if they had sufficient evidence to confront him with serious offences.
Theuma was eventually arrested in November 2019, along with members of his family and his friend Edgar Brincat, il-Ġojja.
Cutajar then turns to his own contact with Brincat. He says Brincat had approached him about a traffic contravention and Cutajar took the opportunity to seek information from him because he knew of Brincat’s relationship with Theuma.
Rejecting suggestions of secrecy surrounding such contacts, Cutajar says investigators naturally approach people who may have useful information.
“If you receive information, what do you do – go and speak to the parish priest? Or do you speak to the person involved?” he says.
Financial probe to arrest Theuma
12.53pm Cutajar says he does not know how long Vince Muscat's (il-Koħħu) request for a presidential pardon remained under consideration.
He says Europol wanted Melvin Theuma arrested immediately over information emerging from recordings linked to the murder investigation.
Cutajar describes as another “vital” decision his instruction to the police Financial Crime Investigation Department to investigate Theuma, because investigators did not yet have sufficient grounds to arrest him over the recordings.
He says the financial investigation was intended to provide grounds for Theuma’s arrest and was led by Assistant Commissioner Ian Abdilla.
Cutajar says he had no involvement in that financial investigation and received no updates about it.
Questioned about Castille meetings
12.44pm Prosecution: Who requested the meetings?
Cutajar: "I’m not certain, but I believe it was Keith Arnaud."
Prosecution: "What was discussed?"
Cutajar: "At the two meetings I attended, the main subject was the recordings and intercepted communications concerning Melvin Theuma."
Prosecution: "What did you know about them?"
Cutajar: "I did not know their contents and had never listened to them, but I knew they concerned Melvin Theuma."
Prosecution: "What was the investigators’ position on arresting Theuma?"
Cutajar says investigators had information about Melvin Theuma by December 2018 and wanted to arrest him immediately, but others cautioned against moving too soon.
The former police chief said there was concern that Theuma would deny involvement, the searches would yield nothing and police would be forced to release him – while alerting him that he was under investigation and effectively revealing their hand before they had sufficient evidence.
Meetings at Castille
12.40pm Cutajar says separate meetings were also held at Castille to provide updates on the murder investigation.
He says that after Assistant Commissioner Silvio Valletta was removed from the investigation following court proceedings, he accompanied lead investigator Keith Arnaud to around two Castille meetings to support him.
Cutajar says those present included then prime minister Joseph Muscat, his chief of staff Keith Schembri and the Attorney General.
A decision to wait
12.36pm Cutajar says investigators began uncovering information about possible recordings and phone calls that could help the murder investigation.
He says intercepted communications also pointed investigators towards Melvin Theuma, sparking discussions over whether he should be arrested.
Regular meetings involving Arnaud, inspector Kurt Zahra, Cutajar, the Malta Security Service, the Attorney General and Europol were held to discuss developments.
Cutajar says investigators initially wanted to arrest Theuma, but a decision was taken to wait, amid concerns that an immediate arrest would reveal the investigation's hand and potentially leave police empty-handed.
He says such meetings began within weeks of the murder and were generally held every three weeks to a month, or whenever significant new developments emerged.
Questioned on arrests, pardon
12.30pm Prosecution: "What emerged from the investigation?"
Cutajar: "The Degiorgio brothers and Vince Muscat, il-Koħħu, were charged."
Prosecution: "Did you know what evidence was emerging against the three men?"
Cutajar: "All I knew was that some people were going to be arrested. My view was always that if the police were going to act, they needed evidence strong enough to support the arrests."
Prosecution: "What happened in April 2018?"
Cutajar: "I don’t remember the exact dates. I had notes, but for some reason I was never given a copy of them when I stopped being commissioner. The inspector who searched took them. I am testifying without those notes."
Prosecution: "What developments were there concerning Vince Muscat?"
Cutajar: "There came a point when Muscat decided to speak to the lead investigator in the case, Keith Arnaud."
Prosecution: "What did Muscat ask for?"
Cutajar: "He offered to tell police everything he knew in exchange for a presidential pardon."
Prosecution: "What was the outcome of that request?"
Cutajar: "As far as I know, when there is a request for a presidential pardon, the lead investigator draws up a report and we proceed from there. The commissioner’s role is to act on the information and advice provided by the investigators."
'My door was always open'
12.23pm Cutajar says it was standard police practice for everything to be recorded and that assistant commissioners Silvio Valletta and Keith Arnaud periodically updated him on the murder investigation.
“My door was always open to everyone,” he says, adding that Valletta would visit his office to brief him on developments.
Background: In 2018, the Court of Appeal ruled that Valletta could no longer be involved in the investigation into the murder of Caruana Galizia because of his marriage to a government minister.
What happened on October 16?
12.20pm Cutajar says Keith Arnaud was the lead investigator in the murder investigation and that he first learned of the Bidnija explosion on October 16, 2017 over police radio.
He says he ensured the duty magistrate and forensic police were informed before later going to the scene himself to check that the area had been secured.
Cutajar says he was told at the scene that foreign agencies would be called in to assist, and instructed police not to take any action without first consulting the inquiring magistrate.
Lawyer's advice
12.12pm Cutajar begins his testimony, confirming he headed the police force when the investigation into Daphne Caruana Galizia's murder began.
Cutajar says he subsequently found himself at the centre of a separate investigation into alleged leaks from the murder probe.
He tells the court he is being assisted by lawyer Ezekiel Psaila, who has advised him not to answer questions relating to the ongoing magisterial inquiry into the alleged leaks.
"I don’t quite agree with the advice lawyer Psaila gave me because I would like to answer every question,” he says.
The judge reminds him that if any question put to him could potentially incriminate him, he has the right not to answer it.
Former police boss takes the stand
12.05pm Former police commissioner Lawrence Cutajar is the next witness. We've been hearing a lot about his relationship with Edgar Brincat, known as il-Ġojja.
Lawrence Cutajar entering court last Friday.One question from jurors
11.41am Jurors have one question for Brincat. Who was Theuma referring to when he told Brincat “they’ve ended up making me depressed”?
Brincat: “The Degiorgio brothers and Yorgen.”
That’s all from this witness. The judge calls a 20-minute break until noon.
Prosecutors read from transcripts
11.35am Prosecutors want to quiz Brincat on some of the things he was asked about during cross-examination. The court allows the prosecution to read chunks of the transcript of calls between Theuma and Brincat, “to give jurors the full context.”
Prosecutors read out parts of the transcript in which Theuma tells Brincat that he intends to tell Yorgen Fenech he (Theuma) is “getting nothing” out of this plot and that he’s ended up depressed and manic because of it.
Discussing a meeting
11.26am Another phone call is played in court. In it, Brincat and Theuma discuss a meeting.
The defence asks if the meeting in question was with the police commissioner.
Brincat says he doesn’t remember the call, but it wasn’t about the commissioner. Theuma did not know the commissioner.
No more questions from the defence.
Brincat's confronted with previous testimony
11.24am The defence says Johann Cremona warned Theuma that he was to be arrested.
Brincat says he doesn’t know, but Theuma never mentioned Johann Cremona to him.
The defence immediately reads Brincat an excerpt from his testimony in the case’s compilation of evidence. In it, Brincat testified that Theuma told him that Cremona had given him an arrest date.
Brincat: I don’t know why I said that. I remember he [Theuma] mentioned a date but I don’t remember the detail.
Brincat confirms he referred to Schembri
11.18am Another part of the recording is played in court. Theuma can be heard saying “The work photo and envelope, I’ve got everything.”
Brincat replies “So they’ll know. That way, he won’t be able to say he doesn’t know you and never met you.”
The defence tells Brincat he was referring to Keith Schembri.
Brincat confirms that, adding: “He told me he never spoke directly to Keith. I definitely never told him to go to Keith.”
The Theuma-Schembri photo
11.11am Brincat says he first saw the Theuma-Schembri photo when it was published in the media.
The defence asks him if that was the photo Theuma was referring to when [in the recording] he mentions a “work photo”.
Brincat first says he does not know what photo that refers to. Then says he probably told Theuma that if he has a photo with Keith Schembri, to include it in his box.
“If he knows those kinds of bigwigs…” he says.
The defence tells Brincat he could have asked the police commissioner to help Theuma.
“As if I’m going to tell the police commissioner ‘My mate’s involved in a bomb, can you help him out?’”
Keith Schembri and Melvin Theuma.No, no, no
11.04am In part of the recording, il-Ġojja can be heard saying “he engaged me” to Theuma. The judge asks him who he was referring to.
Brincat: To Yorgen [Fenech].
The defence asks him a flurry of questions: Did he know the commissioner was being tracked by security services? Does he recall Theuma saying he was going to clean up “the Marsascala place”? Did he advise Melvin to put his photo with Keith Schembri in his box?
Brincat replies no to each one.
Brincat: I don't know Johann Cremona
10.52am The defence asks Brincat if he knows Johann Cremona or if he ever advised Theuma about Cremona.
Brincat says no to both questions.
'Why did you mention Kenneth?'
10.50am Part of the conversation recording is played. Brincat appears to be saying “Mention the other guy too, mention Kenneth. Make it clear.”
The defence tells Brincat he was directing Theuma on what to mention while recording his tapes.
Brincat again says he can’t make out what’s being said on the recording. He asks the judge to read him that part of the transcript.
The judge does so.
Brincat: I don’t know, I guess it was to ensure he had more proof. But I have no idea who Kenneth is, I never got into that. I just told him to make things clear.
Defence: So why did you mention Kenneth, if you didn’t know who he was?
Brincat: I know Melvin was going to meet a Kenneth who was linked to Johann Cremona.
No transcript for witness
10.42am After a back-and-forth between the prosecution and defence, the court rules in the defence’s favour. In other words – no transcript for Ġojja.
He’ll have to try and make out what is being said just like the rest of us.
Brincat can't hear audio
10.25am Brincat is played another part of the phone conversation. He is also struggling to understand what is being said.
The prosecution asks for the witness to also be given a transcript of the conversation. The defence is resisting that – it only wants to play the witness snippets of the call.
Transcripts for jurors
10.10am Another recording is played. It’s a conversation between Brincat and Theuma.
But it’s very hard to make out what is being said – so much so that even jurors are seen leaning forward to try and hear better.
Jurors are to be given a transcript of the conversation, the judge says.
'Yes, it's a lie'
10.03am The defence also shows Brincat another part of the police interrogation, in which Arnaud asks him if he advised Theuma to draw up papers about a made-up loan. Brincat again tells Arnaud “I choose not to answer.”
[Theuma had told police during his interrogation that Brincat had advised him to knock up some papers about a fake loan].
Defence: So Melvin lied about you?
Brincat: Yes, it’s as you say. It’s a lie.
Brincat was asked about frame-up
10am Earlier, Brincat said police never mentioned a frame-up. The defence now plays him a section of his police interrogation in which interrogator Keith Arnaud does just that.
In the video, Arnaud asks him if he advised Theuma to frame Yorgen Fenech for the murder. Brincat told Arnaud “I choose not to answer”.
Brincat says he doesn’t remember that question. “I thought they told me they were going to charge me with blackmail. I didn’t recall a question about a frame-up.”
An unintelligible recording
9.48am Brincat insists he never advised Theuma on what to say when questioned by the police.
The judge asks him if he recalls Arnaud playing him voice recordings during his interrogation.Brincat says he does.
A recording of the interrogation is played in court. From the courtroom’s press section, the entire thing is totally unintelligible.
Brincat's police interrogation
9.30am Questions turn to Brincat himself – and specifically his arrest and subsequent interrogation. He says police arrested him on money laundering suspicions and searched his home.
He was interrogated by lead investigator Keith Arnaud and Inspector Kurt Zahra.
Defence: Did they ask you if you and Theuma were framing Fenech?
Brincat: No.
Defence : Did they ask you if you were advising Theuma on what to say?
Brincat: No. They mentioned blackmail, but no frame-up.
Brincat: I told Melvin to refer to people by name
9.28am Brincat is asked if he advised Theuma on what to tell Yorgen Fenech in the recordings, or who he should mention.
The witness says he just told Theuma to refer to people by their name. He also clarifies that he never advised Theuma to start recording.
Defence presses Brincat on Schembri
9.23am Defence: Did he mention [former OPM security official] Kenneth Camilleri?
Brincat: Yes he mentioned him. He said he was going to meet him to ask about the money. But he also told me he had never spoken to him.
Defence: Did he ever mention Keith Schembri in relation to Castille? Yorgen didn’t work with the government, but Keith did. Did he ask for a job?
Brincat: He never asked for a job. I don’t know what job he had or if he ever worked it.
Defence: Did Melvin Theuma ever mention his photo with Keith Schembri?
Brincat: He mentioned the recordings. I’m not sure he ever mentioned the photo.
Defence: Did Theuma record you?
Brincat: I never heard recordings [of that], so I don’t think so.
Defence: Did Melvin ever give you any information about Keith Schembri?
Brincat: No but it was clear they had spoken.
Did Theuma mention Keith Schembri?
9.10am The defence asks Brincat: Did Theuma mention Keith Schembri?
Brincat: He mentioned Keith Schembri and Yorgen Fenech.
Internet issues
9.05am Many Melita customers have been reporting internet connectivity problems this morning and problems extend to the law courts. Journalists, including our own Clara Farrugia, are struggling to get online.
We’ll do our best to keep you updated on the case despite the issues.
Brincat to continue his cross-examination
8.45am Edgar Brincat is due to continue his cross-examination when the hearing resumes.
Brincat began his testimony on Saturday. Here's our report of what he said.
Welcome
8.40am Good morning and welcome to this live blog. We're back in the Valletta law courts as the trial of Yorgen Fenech continues.
Today's hearing is due to begin at around 9am.