The brothers convicted of the murder of Daphne Caruana Galizia, have refused to testify in libel proceedings instituted by Joseph Muscat, arguing that they had been ignored when they wanted to provide information.
George and Alfred Degiorgio are serving a 40-year-jail term for the murder of Caruana Galizia.
“I don’t want to testify here. They didn’t want to hear me before. Why now?” George Degiorgio said.
He was responding to being asked about a letter in which the brothers said they could supply information about serious crimes involving high-ranking politicians, including, they alleged, Chris Cardona and Keith Schembri.
On Monday the pair were summoned for a second time by lawyer and blogger Chris Grima to testify in the case instituted by Muscat. When summoned for the first time, they refused to testify, saying that they were undergoing criminal proceedings.
Muscat's defamation proceedings stem from a Facebook post where Grima, reacting to comments by Muscat’s wife Michelle about the murder of Daphne Caruana Galizia, retorted that Muscat “blew up” Caruana Galizia.
Last week a court turned down the Degiorgios' request for a retrial. They previously pleaded guilty at the start of their trial for the Caruana Galizia murder.
When they appeared in court on Monday, before magistrate Victor George Axiak, their position remained unchanged.
When the magistrate asked them why they were still refusing to testify, their lawyer, Noel Bianco, explained that there were other proceedings against them and they also had cases against the state.
But the magistrate said there was no legal basis for them to refuse to testify.
Degiorgios confirm writing letter, refuse to testify about it
George Degiorgio was therefore asked to step on the witness stand while Alfred waited outside.
He was shown a letter the brothers had written some months ago, circulated to the press.
And after reading the three-page document, George Degiorgio confirmed his signature and its contents.
Asked about the “million reward” promised after Daphne’s death which the Degiorgos had labelled a farce, he refused to testify further.
Nor would he testify about the alleged involvement of Cardona and Schembri in the plots mentioned in the letter. Muscat’s lawyer Pawlu Lia questioned the relevance to this libel case.
“Yes, because Joseph Muscat testified in this case that he had full trust in Schembri,” said Carl Grech, Grima’s lawyer.
“Why not ask directly if Muscat was involved?” the magistrate asked.
“I don’t want to testify here. They didn’t want to hear me before. Why now?” said George Degiregio, addressing the magistrate.
“I think he should be cautioned,” said Grima’s lawyer.
The Degiorgios’ lawyer, Noel Bianco, said a witness had a right to give information whereby he could derive some benefit.
“You are bound by law to testify or else face the consequences,” warned the magistrate.
“Why am I obliged by law? When I asked to do so before, the law did not help,” said George Degiorgio.
We will testify in due course. But I cannot divulge everything. Why should I testify now for free? I will not testify- George Degiorgio
“You’ll have a problem if you don’t,” the magistrate warned.
“Then so be it. I refuse to testify. Do whatever you have to do. I even asked the President. Why should I speak now... When somebody else got 15 years for simply saying a couple of words,” went on the witness. His reference appeared to be to Vince Muscat, known as il Koħħu, who filed a plea bargain and was sentenced to 15 years for his role in the Caruana Galizia murder.
Grima’s lawyer tried to put further questions but Degiorgio was unwavering in his stance, “I don’t want to testify.”
Again the magistrate warned him that he was legally bound to do so.
“We will testify in due course. But I cannot divulge everything. Why should I testify now for free? I will not testify,” he insisted.
The magistrate suspended the hearing and retired to chambers, instructing the prison guards not to escort the witness away yet.
After some minutes, the magistrate returned.
“Please take the stand again," he said.
He explained that the case was being deferred to next week to allow the witness time to “think about it.”
“I can inform you right now if you wish,” promptly cut in Degiorgio, his mind already made up.
“Listen to me, sir. If I were you I’d take this week to discuss with your lawyers,” said the magistrate.
George Degiorgio was then escorted out.
Alfred Degiorgio also refuses to testify
His brother Alfred then took the stand and confirmed his signature on the letter shown to him.
“I choose not to testify,” he said, citing "constitutional cases and other proceedings too.”
When the magistrate told him that he was bound to testify, he insisted, “I choose not to testify at this stage. The police would not listen to us! Should I testify here!”
Again the court warned of the consequences and granted him a week to have a rethink.
“But if you insist on not testifying, the court will take necessary measures including possible detention. Come back next week.”
Another witness Grima wanted to summon today was Doctor Adrian Vella.
But apparently the notice of summons, issued three weeks ago, “was still circulating among court ushers,” explained Grima’s lawyers.
The case continues next week.