Yorgen Fenech has lost a bid to have murder middleman-turned-state witness Melvin Theuma investigated by the police for perjury. 

The Tumas empire tycoon, who stands accused of complicity in the murder of Daphne Caruana Galizia, had filed a court application seeking to force the police into probing Theuma. 

But on Wednesday, a magistrate’s court turned down that request, saying that at this stage there was no prima facie basis for the police commissioner to order such an investigation. 

Theuma, who has been granted a presidential pardon in exchange for his testimony about Caruana Galizia’s 2017 murder, is the prosecution’s star witness in the case against Fenech. 

The former taxi driver has given evidence in court against Fenech as well as other allegedly involved in the assassination plot. 

However, Fenech’s lawyers say Theuma’s testimony is full of “half truths” and “blatant lies”. 

They claimed that Theuma had given false testimony both before the magistrate conducting the in genere inquiry as well as during the compilation of evidence. 

They therefore called upon the court to direct the Police Commissioner to investigate and prosecute Theuma for taking a false oath and perjury. 

Theuma’s lawyers had immediately reacted by filing parallel challenge proceedings calling upon police authorities to prosecute Fenech for such calumnious accusations in his regard. 

Fenech’s challenge reached judgment stage on Wednesday. 

In the presence of the applicant, who has been in preventive custody since his arrest in November 2019, Magistrate Nadine Lia declared that the challenge was being rejected “at this stage, because there was no prima facie basis for the Police Commissioner to take action against Melvin Theuma.” 

Fenech’s lawyers have indicated their intention to appeal the decision. 

More to follow

Inspector Daryl Borg represented the Police Commissioner. Lawyers Charles Mercieca, Gianluca Caruana Curran and Marion Camilleri are assisting Fenech.