Lawyers representing businessman Yorgen Fenech have insisted in court that  recordings presented in criminal proceedings against Melvin Theuma’s relatives are essential in their challenge to have Theuma prosecuted for perjury.

Fenech, who stands accused of complicity in the assassination of Daphne Caruana Galizia, claims that police failed to take criminal action against Theuma, the self-confessed murder plot middleman, over “half truths” and “blatant lies” when testifying about the murder.

His lawyers argue that every reference to their client’s alleged involvement in the 2017 murder plot was a “total fabrication.”

A list of testimonies and voice recordings to be presented by the court registrar was included in the footnotes to their application.

The lawyers insisted that they need original voice recordings which were apparently exhibited in separate money laundering proceedings against Theuma’s relatives.

All recordings presented in proceedings against Fenech were a copy of those originals, argued defence lawyer Charles Mercieca.

Unless the police commissioner exempted them from putting forward the original evidence as the best evidence, the only way Fenech could prove such voice recordings was by requesting a copy of the originals exhibited in the case against three of Theuma’s close family members, the lawyer said. 

In case the police commissioner granted such an exemption, then the court was requested to appoint an expert to prepare forensic copies of those voice recordings, Mercieca minuted.

Although Tuesday's hearing was scheduled for Fenech's lawyers to summon witnesses, his lawyers insisted in court that they were not in a position to do so until the issue of these tapes was resolved.

Each witness was expected to be questioned about those recordings, testimonies and transcripts thereof, explained Mercieca.

“So the tapes are essential….These tapes lie at the basis of it all.”

Prosecuting Inspector Daryl Borg, assisted by lawyer Lynn Schembri and in the presence of Deputy Commissioner Alexandra Mamo and Superintendent Frank Anthony Tabone, requested time to consider their position in view of this latest request by Fenech’s lawyers.

Magistrate Nadine Lia, granted the police commissioner one week within which to reply even in light of the principle of equality of arms, pointing out that Fenech’s lawyers ought to have put their request in writing before Tuesday’s hearing.

The case continues in April.

Lawyers Charles Mercieca and Gianluca Caruana Curran are counsel to Fenech.