Lawyers for one of the men allegedly involved in the murder of Daphne Caruana Galizia are claiming that he has spent the past nine months in preventive custody only because he was named by self-confessed murderer Vince Muscat. 

The only evidence pointing in the direction of Jamie Vella, accused alongside Ta’ Maksar brothers Robert and Adrian Agius of involvement in the 2017 murder plot, was testimony by a hitman currently serving a 15-year prison term, they claimed on Monday. 

Vella also stands accused alongside George Degiorgio and Adrian Agius, of involvement in the murder of lawyer Carmel Chircop who was gunned down inside a Birkirkara garage complex in October 2015. 

Nine months since all four suspects were arraigned and with 120 witnesses having testified in the ongoing compilation of evidence before the Magistrates’ Courts, Vella’s lawyers made a fresh bid for bail.

The prosecution’s perceived fear of tampering with evidence was “phantomatic,” especially in view of the fact that the accused was arrested and detained only because he was named by Muscat who himself was serving time behind bars, argued Vella’s lawyer Alfred Abela.

Vella was back in court on Monday morning for submissions on his latest bail application before the Criminal Court, presided over by Mr Justice Giovanni Grixti.

There appeared to be no fingerprint, no DNA test result and no text message linking Vella to the alleged crime and the prosecution’s case was all based on Muscat’s testimony, argued the defence lawyer.

Moreover, the proces verbal of both magisterial inquiries into the Caruana Galizia and Chircop murders had been filed in the proceedings currently ongoing before Magistrate Caroline Farrugia Frendo. 

'Jamie Vella is basically unknown'

As for the perceived risk of absconding, the prosecution had produced no evidence to support this claim.

“Jamie Vella is basically unknown. A most normal being who has nothing to do with this. He’s here just because Vince Muscat named him,” argued Abela.

A three-day search at Vella’s residence back in 2017, when police had originally arrested ten men suspected of being involved in the journalist’s murder, had yielded “nothing.”

When Vella was arrested at his home earlier this year and his premises searched, police once again found nothing, said his lawyer.

For three whole years, all sorts of allegations were thrown at Vella who was described as a conspirator with links to the underworld and drug trafficking. Yet all that his criminal record showed was a minor conviction stemming from some vehicle transfer for which he had landed a fine, he added.

The lawyer noted further that the gravity of the charges alone did not suffice as an objection to bail. 

As for the notion of public disorder, which had been strongly debated before the Magistrates’ Court, Abela pointed out that this was currently the subject of separate constitutional proceedings filed before the First Hall, Civil Court. 

Public disorder was not envisaged under the Criminal Code as a ground to deny bail and therefore, in line with European case law on the matter, could not be applied as justification for continued detention.

“The prosecution does not adopt a copy-paste approach,” countered AG lawyer George Camilleri, adding that such cases concerned human beings who were presumed innocent and due consideration was given to the passage of time and risks at stake. 

Any normal person facing the prospect of possible life imprisonment might have “every interest to flee justice,” went on the prosecution lawyer. 

Vince Muscat had underlined three realities in his testimony, namely that Vella was “certainly” involved in the crimes, was also involved in organised crime and provided the means for such crimes, said Camilleri.

'He knows how to bypass justice'

“Jamie Vella is not naïve and just because he does not have a lengthy criminal record, does not mean that he’s some saint… Rather he’s a most intelligent man. He has contacts and knows how to bypass justice.”

Those contacts would also prove useful if Vella were to attempt to abscond.

Moreover, within the scenario of organised crime, fears militating against the granting of bail, were more manifest, went on the lawyer, stressing the gravity of the situation and the risk of tampering not only with evidence but also with the course of justice. 

Great efforts were being made to ensure that justice is served within a reasonable time but there were too many fears and risks for Vella to be granted bail at this stage.

People were not robots and Vella was “not just a number,” but in cases of organised crime, evidence was somewhat of a “headache unless someone spilt the beans,” said Camilleri, referring to the “pentito” who had supplied the prosecution with evidence in this case.  

“If you really believed Muscat, why don’t you prosecute the other people he mentioned?” promptly rebutted Vella’s lawyer.

Not only had Muscat named third parties but there were other accused who were willing to come forward “to speak” but nothing was done in that regard, the lawyer stressed.

The court is expected to decree on the request in chambers. 

Lawyers Alfred Abela and Rene’ Darmanin are assisting Vella.