The compilation of evidence against alleged Daphne Caruana Galizia mastermind Yorgen Fenech resumed on Thursday.

Daphne Caruana Galizia had been killed for over six months when the self-confessed middleman in her murder, Melvin Theuma, began recording conversations he was having with the prominent businessman.


Highlights from Thursday's testimony:

  • A mobile phone retrieved from the seabed after the Marsa arrests contained just one phone number: Chris Cardona's;
  • Fenech told Theuma that had he known the implications of Caruana Galizia's murder were so big, he would not have done it;
  • Vince Muscat wanted to spill the beans on seven murders, including the one of 'tat-Tyson' in 2014;
  • Fenech said Keith Schembri was persistently calling him worried about the case;
  • Johann Cremona, a business partner of Fenech, was aware of the plot after the October 2017 murder. 

Case adjourned

1.40pm Lead investigator Keith Arnaud is next to ask questions, asking whether Fenech ever asked him if he was recording him after he became aware of it.

"No, never. And I never told him I was recording him. The mobile used was never visible."

And the case today stops here.

Mr Theuma steps off the stand, and walks out of the room accompanied by plainclothes officers. His face remains expressionless.

The next hearing is on February 20.

We'll return shortly to bring you the highlights from Thursday's case.


Chris Cardona's phone number

1.30pm Jason Azzopardi now shows the witness three large coloured photos apparently featuring the man who had driven Keith Schembri to Yorgen Fenech's farmhouse. But the magistrate doesn't allow it and insists the photos have to be properly presented. 

Fenech had told Theuma how the police had found mobile phones in the sea close to the Marsa potato sheds on the day of the December 2017 arrests. On one particular mobile phone there was only Chris Cardona’s number. 

"Yorgen told me that only Cardona’s number had been found on that particular mobile phone."

Chris CardonaChris Cardona


Fenech's regret 

1.25pm Lawyer Jason Azzopardi asks Theuma if Fenech ever showed remorse for what he did. 

Theuma replies: "He once told me, that had he known it was so big, he would not have done it."

He once told me, that had he known it was so big, he would not have done it


4,000 'frustrated' people

1.15pm We are three hours in and the court is listening to another snippet of the recorded conversation. 

"Couldn't he speak to someone," Melvin Theuma is heard telling Yorgen Fenech. 

It’s the part where there is reference to lawyer Arthur Azzopardi and his advice to Vince Muscat, il-Koħħu, to reveal all.

Yorgen Fenech says that Keith Schembri told him that he had done nothing wrong.

In another recording, Fenech is heard telling Theuma: "Do you know how much support she's got? (Daphne Caruana Galizia). 4,000 frustrated people! Not even PN leader Adrian) Delia and his family." 

Jason Azzopardi interjects: "So this conversation started when the street protests had started?"

Theuma replies: "Yes."


Koħħu wanted to tell all about seven murders

12.55pm Theuma says Fenech had told him to keep up the pressure “on those at Żebbug”, which was a reference to tal-Maksar, who are believed to have procured the bomb to kill Daphne Caruana Galizia.

“But I never approached those,” Theuma insists.

The magistrate cannot quite grasp what sort of pressure was to be placed upon tal-Maksar after the assassination.

In another part of the transcript, Fenech is heard saying he doesn't know who "tat-Tyson" is.

“They asked for €10,000 and took €8,000. They gave him a discount.”

Fenech says he got to know what Vince Muscat, il-Koħħu was telling the police.

Muscat wanted to spill the beans on seven murders, including the murder of "tat-Tyson" in 2014.

Read: Bailed suspect shot with a banned gun


A packet inside a luggage boot

12.40pm There is reference to a man with “shaved hair” who once drove Keith Schembri to Fenech's farmhouse in a Peugeot.

The man was Schembri's driver but he was not Kenneth Camilleri who had delivered the bail message to Theuma's home.

In one recording, Fenech refers to a packet put inside a luggage boot, to be collected by someone. Theuma says he doesn't know what the parcel contained. 

If you're just catching up, murder middleman Melvin Theuma is being grilled by lawyers over recordings which were aired earlier in court, most of which were very difficult to transcribe. 


'I suppose it was Keith'

12.12pm Fenech had got to know through Johann Cremona that he had started recording him and confronted him about it. 

Did he know he was also being recorded at the time, Jason Azzopardi asks. 

"I don’t know. I would put the phone in my sock, and so on..."

Theuma is being directed to another part of the transcript where there is mention of former deputy police chief Silvio Valletta. 

In the recording, Fenech had been talking to Theuma about a person who called him incessantly, as early as 3am, because he was worried.

"Let me call Valletta and see what is happening in the case. Even I'm afraid," Fenech reportedly told Theuma at one point. 

Theuma: "What was Yorgen afraid of? That I would tell all?"

Azzopardi presses Theuma to say who Fenech was referring to in the recording but again he says he doesn't know. 

“I suppose it is Keith Schembri,” he eventually says.

The magistrate rebukes Theuma and asks him to take time to refresh his memory. 

Keith Schembri leaving court last December. Photo: Matthew MirabelliKeith Schembri leaving court last December. Photo: Matthew Mirabelli


Rolex watch, bracelet...

12.10pm Theuma says he had told Fenech that if the Degiorgio brothers were to be released from prison and later demand more money, he was ready to face them himself. 

He speaks about the gold he saw at the home of Mario Degiorgio, brother of the two men accused. There was a diamond studded Rolex watch, a chain and a bracelet with a value of around €30,000. Degiorgios offered the gold in exchange for money, he says.


Lawyer objects to questioning

12.05pm Defence lawyer Marion Camilleri stands up and complains about the way questions are being put.

She says Theuma claims he doesn’t recall the dates and where the conversations took place.

"Is he really remembering or because he takes it from the gist of the questions?"


Business partner 'aware of' plot after murder

11.50am Lawyer Jason Azzopardi takes over the questioning and asks for clarifications. 

Theuma says Kenneth Camilleri from OPM had accused him of being the mastermind of Carurana Galizia's murder.

"He knows the story," Theuma replies.

He also says Johann Cremona, a business partner of Fenech, was aware of the plot after the actual murder. 

He says that when Alfred Degiorgio called for the money, he had given him €125,000. 

In the recording, Theuma asked Fenech about the information that was being disclosed.

There is mention of €30,000 wanted by "il-Fulu and co". This was a €30,000 forfeitable deposit in case the task was put off.

At one point, Fenech is heard saying "the government is going to panic." Arnaud asks the middleman to explain this statement but Theuma says he doesn't know. 

The Degiorgio brothers and Vince Muscat, who stand charged with sparking off the device.The Degiorgio brothers and Vince Muscat, who stand charged with sparking off the device.


'Keith could not fix bail matter'

11.45am Theuma explains that he had asked Fenech to fix the bail request issue with Keith Schembri.

"It was Keith who sent (Kenneth) Camilleri with the bail offer. If they got bail, I would have been free of all my troubles. That’s how I saw it at the time. No more hassling for bail, no more pressure..."

Theuma: "Yorgen told me that Keith (Schembri) could not fix the matter."

Arnaud asks about a long speech by Fenech where there was mention of 'Owen', Arnaud himself and former minister Chris Cardona.

There is a reference of a cabinet meeting where there was talk of granting a pardon to il-Koħħu.

"Ix-xiħ (Joseph Muscat) told them that if they're not 100 per cent sure he cannot do anything."


Gold for money

11.25am Theuma says he cannot recall exactly where these recordings were made. 

"We were discussing the bail for the Degiorgios... That Koħħu (Vince Muscat) was planning to tell all. I did not believe Koħħu was going to say anything about me because I never spoke to him," Theuma tells Arnaud.

Arnaud: "How do you know this?"

Theuma: "Because Yorgen told me."

George Degiorgio had offered Theuma gold items in exchange for money. The Degiorgios had asked for an additional €30,000. They offered the gold items as a guarantee. Theuma says he was not comfortable with that.

Instead, Fenech just gave the Degiorgios the requested sum of €30,000, Theuma says.


Recordings end

11.20am The name of lawyer Arthur Azzopardi crops up in the recorded conversation between Fenech and Theuma. Arthur Azzopardi had urged Vince Muscat il-Koħħu to reveal all about the murder plot to the police.

They say the lawyer told Muscat: "Listen to me Ċens, you've got a wife." Muscat reportedly told the lawyer he feared his wife would be attacked with "acid".

Thursday's airing of the recordings ends. Questions start.


'All they want is to get out'

11.15am In one section of the conversation, Fenech mentions "ix-xiħ" (who Theuma said is a reference to Joseph Muscat). 

Theuma is heard saying "All they want is to get out, that's all... What are we going to do?"

Fenech replies: "I don't know"... and later "they can't start the jury before that happens."

Again, we don't know the context. We're hoping the lawyers' questions would help rectify some of the statements being played out in court. Reporters in the court room have no access to transcripts at this stage. 


Poor acoustics

11am One section of the recording we hear Theuma saying "Keith (Schembri) will send Kenneth" (Camilleri, who served as bodyguard for Joseph Muscat). 

The two are discussing the matter of bail. 

Background: In previous testimonies, Theuma said the promise of bail for the three men accused of the murder had come from Camilleri.

"Put your mind at rest. He was the one who deceived," Theuma says. We don't know who he's referring to at this stage.

Theuma complains about the poor acoustics in the hall. One thing is certain: there's a lot of foul language lacing this conversation. 

Yorgen Fenech's luxury yacht at Portomaso after it was intercepted by the AFM.Yorgen Fenech's luxury yacht at Portomaso after it was intercepted by the AFM.


'Your name not mentioned'

10.50am Fenech is looking at some papers, they are probably a copy of the transcripts.

The recording continues. 

It is a conversation between Theuma and Fenech but it is difficult to decipher the conversation in court. The hearing is taking place in a larger hall with poorer acoustics.

"Your name was never mentioned," Theuma is heard saying.

"Tal-Koħħu (alleged hitman Vince Muscat)... not mine," he says.

Fenech asks: "How do they know?"

We’ll have to wait for questions to clarify the context. 


Lawyer objects

10.42am First recording is played out. It is a male voice, which appears to be Theuma's. Lawyer Marion Camilleri, appearing for Fenech, interjects. She says the defence is concerned by the way prosecution is handling this part of the proceedings.

"Theuma is interpreting the recordings and that interpretation differs from the transcripts. This is a point of concern for us," the lawyer says.

But the magistrate says the court is here to gather evidence and that will then be weighed in due course.

"That is how we are going to proceed," says the magistrate firmly.


Theuma takes the witness stand

10.40am Melvin Theuma enters the hall, takes his place at the witness stand, takes the oath, and here we go.

He is warned that he is to tell the whole truth and not leave anything out. 


Sitting starts

10.30am  The sitting gets under way. Magistrate Rachel Montebello orders that the new transcripts of the recorded conversations be exhibited. She asks prosecution to submit the two statements of the accused at the next hearing.

Two minutes later and the official is here to present copies of the transcripts under oath. Administrative issues are being sorted out.


The French connection

Thursday's case is taking place a day after media reports that French prosecutors have opened an investigation into Yorgen Fenech and his assets in France, following a criminal complaint filed by the family of Daphne Caruana Galizia. 

You can read the story here. 


The players

10.15am Yorgen Fenech and his relatives have entered the court room. He is seated at the dock with four heavily-armed guards seated behind him. 

Another two are standing outside the court room. 

For reference, inspector Keith Arnaud is prosecuting. Lawyers Matthew Brincat and Kathleen Calleja Grima are assisting Theuma. Fenech's lawyers are Gianluca Caruana Curran and Marion Camilleri. Lawyer Jason Azzopardi is assisting the victim's family.

Magistrate Rachel Montebello is presiding.

The last case was heard on February 5. This was our report about the hearings that day.


The recordings so far

The recordings are sometimes difficult to follow since they were taken on different days and in different contexts. Our journalist Ivan Martin has compiled two reports of some of the recordings aired so far. You can read some of the transcripts here and here


The cases in the Caruana Galizia murder probe

9.55am While we wait, here's a recap of the ongoing court cases regarding the murder of the journalist.

  • The compilation of evidence against Yorgen Fenech;
  • The compilation of evidence against murder accused Alfred and George Degiorgio and Vince Muscat;
  • A case Yorgen Fenech is making in an attempt to remove inspector Keith Arnaud from the investigation;
  • An ongoing inquiry into the circumstances around Ms Caruana Galizia's murder and whether the State could have prevented it.

Daphne Caruana Galizia was killed in October, 2017. Photo: Mark Zammit CordinaDaphne Caruana Galizia was killed in October, 2017. Photo: Mark Zammit Cordina

 

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