George and Alfred Degiorgio, who are serving a 40-year jail term for the murder of Daphne Caruana Galizia, are still refusing to testify in a libel suit filed by Joseph Muscat, saying they were never “offered protection for their families”.

The brothers remained steadfast in their decision on Monday after last week they were summoned for the second time as witnesses in a libel case instituted by the former prime minister against lawyer Christian Grima. 

When summoned for the first time, they refused to testify because the murder proceedings against them had not yet been concluded. 

They were summoned again last week, days after their conviction was confirmed on appeal. 

When shown a letter published in their names and circulated to the media, they both confirmed their signature on that document but refused to answer questions about the contents. 

That letter referred to serious crimes allegedly involving high-ranking politicians about which the Degiorgios had long been claiming to have first-hand information.

When pressed at the witness stand last week, George Degiorgio questioned why no one had wanted to hear him before, and why he should testify now “for free”. 

His brother adopted the same approach, telling presiding Magistrate Victor George Axiak that he chose not to testify “at this stage”. 

After noting that there was no legal basis for such refusal, the court granted the Degiorgios a week’s chance to think things over and discuss the matter with their lawyers, warning them of the consequences they risked unless they testified. 

On Monday, the brothers were escorted back to court. 

Again they were given the oath as they stepped onto the witness stand - George Degiorgio was summoned first. 

Asked by the magistrate whether he still held on to his previous position, George Degiorgrio asked: “Do I have protection for my family".

That matter had never been flagged before, observed the court. 

“No one ever offered,” said the witness. 

Faced with that unwavering stance and after confirming that Grima’s lawyer was still insisting on Degiorgio’s testimony, the court had no option but to order the witness’s detention until he changed their mind. 

“For ten years!” retorted Degiorgio, promptly shushed by his lawyers. 

“Respect decorum in here,” warned the magistrate. 

Upon a request by the Degiorgios’ lawyers, the court minuted that their objection to testifying was on the basis of article 589 of the Code of Organization and Civil Procedure which states that a witness “cannot be compelled to answer any question the answer to which may subject him to a criminal prosecution”.

Lawyer Leslie Cuschieri explained that criminal proceedings against the Degiorgios were being challenged before the constitutional courts and that was why they sought that exemption.

However, the magistrate minuted that the criminal proceedings against the Degiorgios concerning the facts related to the subject of the libel case, were now concluded definitively. 

Alfred Degiorgio adopted the same position, saying, “at this stage, I choose not to testify. When I get protection for my family, I will testify”.

The court had no option but to commit him to detention until he changed his mind or Grima’s lawyer renounced his testimony. 

After both brothers were escorted out of the courtroom and back to Corradino Correctional Facility where they are serving punishment, the court asked Grima’s lawyer, Carl Grech, whether there were other witnesses for today. 

But there were none. 

All attempts to serve notice of summons to doctor Adrian Vella had so far proved unsuccessful and the latest attempt last week came back with a negative reply. 

Delivery of the notice by the court usher had failed. 

The case continues. 

Lawyer Pawlu Lia represented Muscat.

Lawyer Carl Grech assisted Grima. 

Lawyers Leslie Cuschieri and Noel Bianco assisted the Degiorgios.