A court expert will be summoned by the end of the month to help explain a torn evidence bag containing a cloned copy of Daphne Caruana Galizia’s mobile phone.

The bag was the focus of questions raised by Yorgen Fenech’s lawyers in proceedings leading up to the businessman’s murder trial. 

Fenech, who stands accused of complicity in Caruana Galizia’s assassination, was back in court on Friday, almost three years since his arraignment in November 2019, where his lawyers are currently thrashing out pre-trial issues. 

One of the issues flagged by the defence concerned a torn evidence bag which formed part of the records of the case, and which appeared to contain a cloned copy of the murdered journalist’s mobile.

During previous sittings, the court had heard how some 85% of the phone data had been digitally reconstructed using advanced data retrieval techniques and a copy was subsequently exhibited in the records of the inquiry. 

The remains of the original phone, destroyed in the car bomb explosion that killed Caruana Galizia, were retrieved from the wreckage and the SIM card was sent abroad for expert analysis. 

During Friday’s sitting, lawyer and forensic expert Martin Bajada was summoned to shed light upon a particular evidence bag and the handwritten dates on the covering envelope. 

One note appeared to indicate that the exhibit was withdrawn on September 18, 2018, but the date scribbled next to the note “returned” apparently did not tally.

“I recall taking it [the clone] to Europol,” said Bajada.

“This is the cloned mobile phone, the same one I handed to Europol,” the expert confirmed. 

Then on September 18, 2018 he withdrew the exhibit from its evidence bag to make WhatsApp extractions, returning it and re-sealing that bag on September 21.

“Now I realise that the bag was opened again,” Bajada said, as he checked the brown envelope and the transparent plastic evidence bag inside, under the watchful eyes of the court. 

A second bag contained a hard disk but the witness said he had never “touched that.”

“Do you recall if the evidence bag was torn as it is today?”asked Madam Justice Edwina Grima.

“Definitely not. I would have flagged it,” Bajada replied. 

“So it must have happened afterwards”, intervened defence lawyer Charles Mercieca.

Court expert says he was not summoned to testify about all reports

Since the exhibits had been handled by another court expert tasked with making copies, the court said that that expert would be summoned at the next sitting to shed light on the condition of this evidence bag. 

“Let’s not forget that this is an important exhibit,” remarked Mercieca. 

Asked whether he had wrapped up his tasks as court expert, Bajada gave an overview of the various stages of the murder inquiry, which started off under then-Magistrate Anthony Vella and was subsequently taken over by then-Magistrate Neville Camilleri.

When Camilleri was elevated to judge, the inquiry was handed over to Magistrate Victor George Axiak.

Bajada had completed the tasks entrusted to him by the first magistrate.

However, subsequent tasks had not been fully wrapped up simply because he was not summoned to testify about his reports. 

AG: all experts have testified

That was when Mercieca promptly pointed out that the defence had filed an application during the murder compilation, specifically requesting the prosecution to summon particular experts to present their reports. 

But the Attorney General had replied that all experts who were to testify, had done so.

In light of the queries raised on Friday, the court adjourned the case to later this month for the other expert to testify and possibly help solve the issue of the unexplained tear in the evidence bag.

Fresh application for bail

Meanwhile, at the defence’s own request, a fresh application for bail was to remain pending until the next sitting.

“Perhaps there might be a development which might bring about a change in circumstances,” Mercieca remarked as the sitting drew to an end. 

Lawyers Gianluca Caruana Curran and Marion Camilleri were also defence counsel.

Deputy AG Philip Galea Farrugia prosecuted.

Lawyer Jason Azzopardi appeared parte civile.