Updated 6.25pm

Defence lawyers on Monday sought to poke holes in Vincent Muscat’s testimony about the murders of lawyer Carmel Chircop and journalist Daphne Caruana Galizia, as they cross-examined the star witness in the case against four men charged over the two killings.

Muscat struggled to recall the exact colour of the getaway vehicle used in Chircop’s murder, saying it was “dark” as defence lawyers said it was light blue and highlighted other vague parts of his testimony.  

Muscat told defence lawyers that police never interrogated him about a cancelled 2015 plan to assassinate Caruana Galizia, and argued that he had not named murder middleman Melvin Theuma when he first spoke to the police in 2018 out of fear.

“I was afraid,” he said. “My fear was always in the way.”

When a defence lawyer implied that he was lying or not telling the whole truth, Muscat snapped back.

“I told the whole truth. If it wasn’t for me, the police would never have solved this case,” the witness said.

When defence lawyer Nicholas Mifsud asked the witness why he had not mentioned a villa owned by defendant Adrian Agius when he first spoke to the police, Muscat insisted he had nothing to hide.

“I knew about the villa, I even went there... I can take you if you want,” he said.

Agius is alleged to have offered the villa to Chircop as payment for a debt he owed him. Chircop refused the offer and was killed some months later.

Muscat, known as il-Koħħu, is testifying against ta' Maksar brothers Adrian and Robert Agius, Jamie Vella and George Degiorgio. He has received a pardon to testify about Chircop’s murder and a reduced 15-year jail sentence in exchange for information about Caruana Galizia’s 2017 killing.

Two of the four defendants – Robert Agius and Vella – are alleged to have supplied the bomb which Muscat and two others, George and Alfred Degiorgio, used to kill Caruana Galizia.

In hours of cross-examination, defence lawyers drilled the witness on details about his statements to interrogators and subsequent testimony before a jury last week.

Drawing on transcripts of those initial interrogations, they noted that Muscat initially said he was seated in the front of the car – he testified that he sat in the back - and said he was inconsistent in his recollection about how much he was paid for the murder.

Muscat had initially told investigators he was paid “€20,000 or €30,000” but testified last week that he definitely received €20,000.

He has claimed that he did next to nothing in the crime, sitting in the back of the getaway car driven by Degiorgio while Jamie Vella, who he said procured the revolver used to kill Chircop, shot the lawyer several times.

Defence lawyer Rene Darmanin expressed incredulity at that version of events, asking Muscat if he had been paid money “to get a lift”.

“So they paid you to sit down?” the lawyer prodded Muscat.

“What thousands? €20,000,” Muscat replied. The incongruous remark drew chuckles across the courtroom.

The defence peppered Muscat with questions about his involvement in the murder of Caruana Galizia.

Initial plan hatched in 2015

An initial plan was hatched in 2015, he previously testified, saying that the plan stemmed from then-minister Chris Cardona, with his associate David Gatt acting as a middleman.

But Gatt never paid out a €50,000 deposit and the plan was abandoned, Muscat said.

He told the court he was told that Cardona “and others” were involved in the plot and that they intended to split costs between themselves.

“I don’t recall who the others were,” Muscat said in court on Monday.

Police never questioned him about that plot, he said, adding, “if nothing happened, what plan was it?”

Under Maltese law, conspiracy to commit a crime is a criminal offence, even in cases when the crime does not materialise.

Judge Edwina Grima quickly stopped that line of questioning by the defence.

A defence lawyer asked him whether Alfred Degiorgio ever told him who gave Cardona information about Caruana Galizia.

Could Cardona have received it from then-assistant police commissioner Silvio Valletta and lawyer Edward Gatt, the lawyer asked.

Muscat noted that he had already cited Valletta in his testimony last week.

Defence lawyer Nicholas Mifsud asked Muscat if it was true that his lawyer had tried to hand him some papers while in prison. 

"My lawyer never brought any papers with her," Muscat replied. 

"Do you deny trying to take papers into your cell?" the defence prodded. 

"Whenever there's a paper of some sort, they look at it and I have to bring it back out with me," Muscat said. "Whatever it is, be it a paper, photo or personal item, they have to see it."

The witness's cross-examination will continue on Tuesday morning. 

Judge Edwina Grima presided over the case. 

The prosecution is being led by Attorney General lawyers Godwin Cini, Danika Vella and Anthony Vella.

Lawyers Rene Darmanin, Nicholas Mifsud, Ishmael Psaila, Amadeus Cachia and  Alfred Abela, Noel Bianco and Leslie Cuschieri are representing defendants.

The Chircop family is represented by lawyer Vincent Galea. The Caruana Galizia family is represented by lawyers Jason Azzopardi and Therese Comodini Cachia. 

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