The first court hearing in an action for damages by the heirs of Daphne Caruana Galizia against five men accused of involvement in her assassination was put off on Thursday because one of the respondents, Melvin Theuma, has not yet been served with notice of summons.

The family of the assassinated journalist is seeking compensation for moral and material damages, suffered as a result of the car bomb explosion in October 2017.

The case was filed by the journalist’s husband, Peter, and the couple’s sons, Matthew, Andrew and Paul against business tycoon Yorgen Fenech, accused of complicity in the murder plot, the three alleged hitmen, George and Alfred Degiorgio and Vincent Muscat, as well as self-confessed middleman Melvin Theuma.

When the case was called on Thursday morning, the court, presided over by Madam Justice Anna Felice, was informed by the applicants’ lawyers, Joseph Zammit Maempel and Eve Borg Costanzi, that one of the respondents, namely Theuma, had not yet been served with the summons since his address was unknown.

Theuma, deemed as the star witness in the criminal proceedings linked to the murder, has had his address been kept  under wraps, particularly since July, when he suffered serious knife wounds in a Swieqi apartment in what was subsequently deemed to be an attempt at self-harm.

None of the other respondents, Fenech, the Degiorgio brothers and Muscat, were present in court on Thursday, but their lawyers attended the hearing.

Having been informed about the difficulty in determining Theuma’s current address, the court authorised service of notification by means of publication or posting.

The Code of Organisation and Civil Procedure states that where the place of residence is unknown, “the court may direct service to be effected by the posting of a copy of the written pleading or act at the place, in the town or district in which official acts are usually posted up, and by publishing a summary of such written pleading or act in the Gazette and in one or more daily newspapers as the court may direct.” 

That incident had occurred on the eve of an important court sitting in Fenech’s compilation proceedings, when defence lawyers were expected to put further questions to Theuma, focusing upon a recording about which the witness had not yet testified.

The case for damages was adjourned to February, pending Theuma’s notification.

Lawyers Anna Mallia, William Cuschieri and Marc Sant are assisting Fenech, the Degiorgios and Muscat respectively.