Some readers may find descriptions in the testimony below disturbing
Murder suspect Yorgen Fenech was once again denied bail at the end of a sitting which detailed the gruesome testimonies of the first responders minutes after Daphne Caruana Galizia’s car was blown up.
Fenech’s lawyers made a case for his bail after 15 months of incarceration, saying their client was even prepared to pay for his own security to put the prosecution’s minds at rest that he had no plans to abscond.
Lawyer Charles Mercieca said at least five other murder suspects had been granted bail in the last 15 months, yet the court was not prepared to consider it for their client, even though he had a clean criminal record.
Had the businessman truly wanted to avoid prosecution, he could have remained abroad just a week before he was arrested in November 2019, his lawyer insisted.
“All his ties lie in Malta: his roots, family, work, residences are all in Malta."
The bail request was shot down by Assistant Attorney General Philip Galea Farrugia who argued, among other warnings, that there could be tampering with evidence if Fenech is released.
Magistrate Rachel Montebello took half an hour to dismiss the bail request, saying the fear of absconding persists and investigations were still ongoing. But the magistrate told the prosecution to summon those individuals the police say they are speaking to in connection with the case. It was the fifth bail request which has been turned down for Fenech.
The decision came at the end of a two-and-a-half hour compilation of evidence into the case of Fenech, who is charged with complicity in Caruana Galizia’s car bomb assassination in October 2017.
Thursday’s case heard a series of harrowing accounts of firefighters who were called to the scene shortly after 3pm when the bomb went off.
The most disturbing came from fireman Frederick Sammut.
He said he saw the burning car when he reached the Bidnija road and stepped closer to see if there was anyone inside.
"I saw a human hand on the passenger side and a burning figure inside. Nothing could be done."
Arthur Grech, a lead firefighter at Xemxija station, said he saw a human figure inside and pieces of flesh scattered around the bomb site.
Harry Eddleston said he saw human parts too, recalling a leg ripped apart from the thigh.
Also testifying were a couple from Mosta who reported a suspicious-looking vehicle parked outside their house in the weeks preceding the murder.
As it happened:
Case deferred to March 18
3.02pm The case is deferred to March 18. Lawyer Charles Mercieca points out that the prosecution has ample time to summon witnesses by then.
The magistrate says the court expects these witnesses to testify.
Fenech hugs his mother and is escorted out through the back door of hall 22.
We will be back with you shortly with the highlights of this two-and-a-half hour sitting.
Bail denied but...
3pm Yorgen Fenech is escorted back into the court room.
The magistrate has taken her decision: the investigations into the case are still ongoing and third persons could possibly be under suspicion.
The public is still waiting for justice and the fear of absconding still persists.
She has denied bail but orders police to summon as witnesses those individuals they say they are speaking to.
Decision shortly
2.22pm The sitting is temporarily suspended until the magistrate writes her decree.
Fenech is escorted out, pending that decision.
Stay with us, we will be giving you constant updates.
Why the wait?
2.15pm Magistrate asks about the evidence still being gathered.
Galea Farrugia says he cannot identify the witnesses but it’s a fact that the magistrate is still questioning them.
Police inspector Kurt Zahra confirms this, saying some witnesses could potentially be asked to testify.
Lawyer Charles Mercieca says that for eight months, the inquiry records have languished at the AG's office.
He also clarifies that Dr Adrian Vella had said under oath that Fenech had no intention to escape.
He mentions an application whereby Fenech had asked prosecution to summon all civilian witnesses.
"That was last May. Today we’re still at this stage."
Police on board Fenech's yacht shortly after his arrest in November 2019.'Comparisons are odious'
2.10pm But Galea Farrugia from the AG's office rebuts the arguments made by the defence team.
He says comparisons are odious as each case has to be viewed on its own merits.
It’s a state of fact that the investigation is very wide and meticulous, and still ongoing, with the inquiring magistrate still gathering evidence.
There is also the fear of tampering with evidence.
While there was a memo that Fenech sent to himself saying “I intend to come back (to Malta)" it was his own doctor (Adrian Vella) who testified about the plan hatched in Gozo about using a fishing vessel to be used by the accused to escape.
On the day of his arrest, in a WhatsApp chat, Fenech told a relative to care for his children.
Five others charged with murder given bail
2.05pm: Mercieca says the fear of tampering may be countered by a third party guarantor. There are two people who are willing to shoulder responsibility for accused and any possible breach of conditions.
It’s the duty of authorities to supervise such persons to ensure there is no escape.
Fenech had a perfectly clean criminal record and it was he who willingly told police about the "attempted tampering", Mercieca says.
Jurisprudence shows that since this case, at least five others charged with wilful homicide were granted bail.
"So, why not Mr Fenech?"
After 15 months, he is therefore asking for bail.
"He’s ready to abide by any conditions scrupulously and the persons offering guarantee are willing to testify here."
Fenech willing to pay for security
1.57pm Mercieca says the fear of Fenech absconding appears the main concern.
"It’s true that Mr Fenech was leaving Malta (in November 2019, before he was arrested) but he had every intention to return."
His statements had made it clear he had no intention of leaving his children. Moreover, on his mobile phone that day, Fenech had left a memo saying he had intended to return.
"Had he truly wanted to avoid prosecution, he could have remained abroad when he was away even a week before his arrest. All his ties lie in Malta: his roots, family, work, residences (more than one) are all in Malta."
Also, ordering him to sign the bail book would neutralise the fear of absconding. The minute he doesn’t go to sign, that triggers an alert, the lawyer adds.
Fenech is willing to pay out of his pocket for officers to be on guard.
Yorgen Fenech and Daphne Caruana Galizia. Photos: Mark Zammit Cordina, Pippa Zammit CutajarDefence wants bail for Fenech
1.53pm That's it with today's witnesses.
The magistrate says another bail request was filed on February 8. The police have seconded the Attorney General's reply in this regard, the magistrate notes.
Defence lawyer Charles Mercieca makes a statement.
"I’ll be very pragmatic, sticking to the law and not touching the merits of the case. Just focus on legal criteria for bail. Prosecution must prove the existence of any fears which justify withholding bail."
The passage of time reduces those fears, he says, citing case law. The prosecution have not proved that fears subsist.
Car leased months before murder
1.50pm David Fenech from Percius Car Hire testifies. He says the brand new car was leased to Caruana Galizia around March or April 2017.
"Once she was involved in an accident when someone crashed into the rear. We took it away for a week in September. We fixed it and gave it back to her after a week."
Tents erected
1.40pm John Gera, a Corradino Correction Facility officer, is up next. He says he went with the magistrate to the crime scene to ensure safety on site.
He would also report back to the magistrate and accompanied him to various places during the inquiry.
Gera explains tents were erected since evidence was scattered about, as well as possible dangerous material which could harm police and experts.
The victim's car being elevated next to one of the makeshift tents. Photo: Mark Zammit CordinaBody parts scattered
1.30pm Testifying next is Arthur Grech, a lead firefighter at Xemxija station. He says he saw a human figure inside and pieces of flesh scattered around the bomb site.
On October 19, they returned to chop a tree to make it possible for investigators to check for parts of victim’s body wedged in there too.
Harry Eddleston, also a firefighter, says he saw human parts too, recalling a leg ripped apart from the thigh.
'I saw a human hand'
1.25pm Frederick Sammut, a fireman, takes the stand. He went on site, saw the burning car, stepped closer to see if there was anyone inside, to see if anything could be done.
I saw a human hand on the passenger side
"I saw a human hand on the passenger side and a burning figure inside. Nothing could be done."
As he concentrated on the vehicle, he recalls seeing two people arguing on site. He is referring to the victim's son who got into an altercation with one of the witnesses that afternoon.
Parked for several weeks
1.20pm Sammut's wife takes the witness stand and says she saw a car parked outside her home.
When she left around 2.30pm from the front entrance, the small car was still there. It was parked at various spots along the road beneath their house for several weeks. Her husband had told her he wasn't happy with the presence of the car.
When she got back through the Mġarr side entrance, she didn’t see the car.
Asked about the people near or inside the vehicle, the witness says she cannot recall.
European Council president Charles Michel on the site of the bombing with Caruana Galizia's husband and son.A suspicious-looking car
1.15pm Mosta resident Carmel Sammut takes the witness stand. He says the police had spoken to him about a car that he used to often see parked near his home. It was no longer seen after the bomb attack.
He lives above the valley, in a secluded area with little traffic and therefore any car is deemed suspicious. He had warned his wife to keep an eye on the white car, which he believed was a Hyundai.
On the day of the murder, he was home nursing a fractured leg. He went to fetch his post around noon and saw the car parked there. Then around 3pm he heard explosion. He thought it was someone at the door banging.
Around 3.15pm he heard about an explosion in Bidnija. Popping outside, he was met with the commotion with police cars and ambulances racing by.
The phone chats
1.05pm Defence lawyer Charles Mercieca interjects.
He says there is the opportune remedy to put things right, saying no one deserves to be attacked when doing his duties.
"Likewise us lawyers and the accused who is still presumed innocent."
The defence lawyers say the court had banned the publication of chats from Fenech's phone.
The magistrate clarifies that she never banned the publication of articles about Fenech or his business interests, provided they are not related to the court procedures.
Objections to blogger claims
1pm The defence team has filed a note saying that they did not manage to prepare for a cross examination today.
Galea Farrugia from the AG's office has something to say. He says that just this week, blogger and lecturer Simon Mercieca published two articles, which he says are riddled with lies about him.
He presents copies of the blog posts to the court, one of them is about the court case involving the defence lawyers' bribery attempt on a Times of Malta journalist.
Mercieca alleged that the same lawyer prosecuting Yorgen Fenech is now prosecuting his lawyers. Galea Farrugia strongly denies this, saying he was absolutely not involved in that other case.
Galea Farrugia also exhibits an email he sent to Inspector Scerri from the police financial crimes unit. He says that he had no say in that case so as to avoid any possible conflict of interest.
He says he has asked for court protection since in his view such articles are hindering him in the performance of his duties and an attack and intimidation in his regard.
Off we go
12.50pm Three armed guards have just entered the hall. One of them checks the dock thoroughly, slipping her hand over each chair.
Fenech enters the hall, shortly after Caruana Galizia's family members take their seats.
As we wait...
12.40pm The court is hearing another case about a fight in a Sliema flat and the magistrate appears to be getting rather impatient with one of the witnesses.
Meanwhile, Fenech's wife has just entered the court room.
Welcome
12.25pm Good afternoon and welcome to this live blog. We're at the Valletta law courts where the compilation against Yorgen Fenech is to continue.
The legal representatives and witnesses are gathering.
What happened last time?
12.20pm Last week's sitting was particularly uncomfortable to follow as witnesses detailed the horror they saw when the car went up in flames.
Francis Sant said he was driving home from Tarġa Gap at 3pm on October 16, 2017 when he noticed something was wrong with a car heading in his direction.
The person inside the car seemed to be panicking, he recalled.
“ I heard a small bang, like fireworks. Then I heard a piercing scream,” Sant told the court.
Who are the main players?
12.15pm Let's take a look at the key figures in this complex case.
Yorgen Fenech: a business tycoon and heir to a family fortune, and the man in the dock: Fenech is accused of complicity in Daphne Caruana Galizia's murder;
Melvin Theuma: a taxi driver who worked for Fenech and who has testified that he served as a middleman between Fenech and the alleged hitmen;
Vince Muscat, Alfred Degiorgio, George Degiorgio: the alleged hitmen;
Keith Arnaud, Kurt Zahra: the lead police investigators and prosecutors;
Keith Schembri: a childhood friend of Fenech's and the chief of staff to Joseph Muscat when he was prime minister;
Rachel Montebello: the presiding magistrate;
Gianluca Caruana Curran, Marion Camilleri, Charles Mercieca: Yorgen Fenech's legal team;
Jason Azzopardi, Therese Comodini Cachia: lawyers appearing for the Caruana Galizia family.
Philip Galea Farrugia and Anthony Vella: representing the attorney general's office.