The police sought advice from the attorney general on whether to investigate claims by Yorgen Fenech of perjury by Melvin Theuma in the Daphne Caruana Galizia murder case, a court was told on Thursday. The advice they were given was not to investigate 'at this stage'.

Fenech is awaiting trial for the murder of Caruana Galizia, with Theuma, the self-confessed murder plot middleman expected to be the key witness. He has already testified in the compilation of evidence. 

 Fenech is challenging the police commissioner to prosecute Theuma over “half-truths” and “blatant lies” during that testimony.

Fenech’s lawyers had originally filed a criminal complaint last October,  calling upon the police commissioner to investigate Theuma for alleged perjury.

When no action was taken, they filed proceedings challenging the police commissioner to take criminal action.

When those challenge proceedings continued on Thursday, Superintendent Victor Aquilina testified that after receiving Fenech’s complaint (kwerela) together with a USB containing secret voice recordings done by Theuma, the police had sought advice from the Attorney General as to how to proceed.

“Every case is sensitive. But this case is somewhat more sensitive,” said Aquilina.

A meeting was held with Attorney General Victoria Buttigieg to discuss Fenech’s complaint.

That meeting was attended by Aquilina himself, Inspector Daryl Borg from the Valletta police station, ex- Assistant Commissioner Stephen Mallia, another officer from the Major Crimes Unit and another lawyer from the AG’s office.

Police sought similar advice in other less sensitive cases of alleged perjury, the witness said.

Following that meeting, the police were advised not to investigate Fenech’s claims at this stage, in line with legal provisions, once criminal proceedings against him were still ongoing.

“It was lawyer Victoria Buttigieg who gave that reply and there is a minute to that effect in the [case] file,” Aquilina said.

Fenech’s lawyer, Charles Mercieca, pointed out that Theuma had given different versions when testifying before the inquiring magistrate, at the compilation of evidence and in the recordings.

Asked whether he had noted those differences, Aquilina replied, “I did not investigate.”

Pressed further on that point, the witness insisted, “I repeat. I did not investigate.”

Inspector Daryl Borg was asked to take the witness stand next.

He testified that he had been told about Fenech’s complaint by former assistant commissioner Mallia and had been instructed to input a report in the police records.

His superior had subsequently informed him that a meeting was to be held with the AG to discuss the matter.

That meeting was held a few days later.

“Were any notes taken at that meeting?”asked Mercieca.

“I don’t think so,” replied the witness.

“Were the recordings played out?” went on Mercieca.

“Not in my presence,” declared the inspector.

Nor was the complaint read out during that meeting, which lasted for around thirty minutes.

Following Borg’s testimony, Aquilina was called back to the witness stand for further questioning by Fenech’s lawyers.

“Who was the other AG lawyer [at the meeting]?”asked Mercieca. “Was it a new lawyer? Was he involved in the compilation of evidence against Yorgen Fenech?”

“I cannot tell. I cannot even remember if it was a man or a woman.”

“Was it [deputy AG] Philip Galea Farrugia?”persisted Mercieca.

“I played a secondary role. I cannot say yes or no….I don’t recall.”

Asked whether the USB with the voice recordings was also taken to that meeting, Aquilina said that “if handed to the police at the police station, then all was taken to the AG.”

“I would have to take everything supplied to me so as to seek sound advice.”

The case, presided over by magistrate Nadine Lia, continues in July.