The compilation of evidence against Yorgen Fenech, who is accused of conspiring to murder journalist Daphne Caruana Galizia, continued in court on Tuesday.

During a relatively uneventful sitting, much of which was held behind closed doors, the prosecution presented copies of DVDs and CDs containing statements police had taken from various witnesses.

They included statements from Fenech's doctor, Adrian Vella, his business associate, Johann Cremona, and the former prime minister's chief of staff, Keith Schembri.  

The magistrate allowed Inspector Keith Arnaud's cross-examination on the statements to be heard behind closed doors after the defence argued questioning could bring up names of people not involved in the proceedings.

In a previous sitting, defence lawyers argued that the “real masterminds” of the October 2017 car bomb were “roaming around”. 

Fenech is one of four people arrested and charged in connection with the murder: Vincent Muscat and brothers Alfred and George Degiorgio are accused of carrying out the killing.

A fifth man, Melvin Theuma, has been granted a pardon for his role in the murder, in exchange for his evidence, which implicates Fenech.


LIVE BLOG


Case adjourned until October 21

1.25pm Journalists and the public have been called back in to court, only to be told that the case has been adjourned until October 21 at 10am.


Still waiting

12.25pm It's been well over an hour and journalists and members of the public are still waiting outside the hall as proceedings continue behind closed doors. 


Missing statements arrive

11.33am We're still outside as the compilation of evidence continues being held in private. But meanwhile, the DVDs of statements Arnaud didn't bring along earlier have just arrived and have been handed over.


Behind closed doors

11.04am  All members of the public are asked to leave the room. The defence has asked for the hearing to continue behind closed doors because questioning could bring up the names of some people not involved in the proceedings. 

Keep checking back and we'll let you know when we're allowed in again. 

For background: In a previous sitting, defence lawyers had asked for phone logs and geolocation data for a number of people. Some of those people have never been named in open court because they don't form part of this case. 


A quick phone call

11.01am Mercieca argues that Inspector Arnaud knew weeks ago that he had to bring all witness statements and that they are central to the case.

Arnaud requests permission to leave the hall and make a quick phone call. The remaining statements should be copied and brought to the court soon, before the hearing is over, he says.

The copies are now on their way to court.  


Who's who: the witnesses

10.54am A brief recap of the witnesses we're referring to and the evidence that has just been handed over. 

Johann Cremona: a business associate of Yorgen Fenech's. Six DVDS of statements taken between November and August hare handed over.

Adrian Vella: Yorgen Fenech's doctor. Four DVDS of statements taken between November and December last year are handed over.

Keith Schembri: the OPM's former chief of staff. Four DVDs of evidence given on November 26 and 28 last year are presented. 

Edwin Brincat (Il-Ġojja): a friend of Lawrence Cutajar and Melvin Theuma. Statements yet to be presented.

Kenneth Camilleri: a member of Joseph Muscat's security detail. Statements yet to be presented.

Logan Wood: Yorgen Fenech's yacht captain. Statements yet to be presented.

Melvin Theuma: the alleged middle man in the murder. Statements yet to be presented. 


Witness statements

10.49am Some statements from witnesses are being presented: those from Johann Cremona, Keith Schembri and Adrian Vella. Others aren't: those from Logan Wood, Kenneth Camilleri and Melvin Theuma.

“I’m sorry, a mistake on my part. I have to prepare copies.” Arnaud says. 


Photos of items seized

10.46am After some legal arguments, Arnaud explains that not only will a list of items be presented, but also photographs. 

Items included those seized from Yorgen Fenech's yacht and from Keith Schembri. 

"Forensic experts were there with police to photograph and seize items," Arnaud confirms. 


Where are the receipts?

10.38am Magistrate Montebello says that she was not made aware of this. Arnaud says that no items were seized from former OPM security detail Kenneth Camilleri, Johann Cremona, and former police chief Lawrence Cutajar. 

The defence is confused: "How can Arnaud tell us he has no copy of items seized in the investigation he himself conducts?"


Seized items

10.32am Arnaud says that receipts for some items will be presented not by police, but by forensic experts, when they give evidence. This includes evidence seized from the former prime minister's chief of staff Keith Schembri, Fenech's doctor Adrian Vella, Fenech's yacht captain Logan Wood and Fenech's associate Edgar Brincat. 


25 files and three boxes of evidence

10.25am Deputy Attorney General Galea Farrugia says that the procès-verbal - an exhaustive account of all the evidence and testimony collected through the process - was filed in court this morning. 

It contains 25 files and three one-metre long boxes of material.

Defence lawyer Charles Mercieca isn't happy: he wants statements held by the police but the court says he must obtain authorisation from the magistrate who conducted the inquiry. 


Tight security - and space

10.18am Yorgen Fenech is in the court room accompanied by the usual tight security. His wife is sitting behind him, along with a male relative. 

Space is at a premium in Hall 2, a ground floor hall with little seating space. Our court reporter, Edwina Brincat, is sending these updates standing up with an i pad propped on a bench.  

The magistrate notes that social distancing "can in no way be maintained" and says court authorities should assign a more suitable hall in future to "safeguard the health of all those present for this hearing". 


Who's who: the legal team

10.10am Here's a quick glossary of some of the defence and prosecution names involved in the case.

Defence lawyers are: Marion Camilleri, Gianluca Caruana Curran and Charles Mercieca

For the prosecution: Inspectors Keith Arnaud and Kurt Zahra. They're assisted by Philip Galea Farrugia, from the Attorney General's office.

Lawyers for Daphne Caruana Galizia's family: Jason Azzopardi and Therese Comodini Cachia.

Magistrate Rachel Montebello is hearing the compilation of evidence. 


What to expect from today

10.00am  Today's session is likely to be devoted largely to the defence team's presentation of evidence. 

Last week the court partly upheld Fenech's request to order the prosecution to present additional evidence. 

So today, the prosecution should be presenting that evidence, including the records of the magisterial inquiry.

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