Melvin Theuma opted for his right to silence when summoned to testify in a case for damages filed against him and other players in the Daphne Caruana Galizia murder plot.

The request came like a “bolt from the blue” for the slain journalist's family when proceedings continued on Thursday before the First Hall, Civil Court where all was set for the self-confessed middleman’s testimony. 

During a previous sitting last month, self-confessed hitman Vince Muscat testified about an aborted plot to kill the journalist three years before she was murdered in a car bomb explosion in 2017. 

Muscat had recalled driving George Degiorgio to Portomaso to meet with former minister Chris Cardona to discuss a €150,000 hit on Caruana Galizia in 2014. 

Following that testimony, Police Commissioner Angelo Gafa’ filed an application in the proceedings requesting a copy of Muscat’s testimony which proved necessary for further investigations.

The Commissioner said that murder investigations were still ongoing. 

The court, presided by Madam Justice Anna Felice, subsequently decreed that a transcript copy of Muscat’s testimony would be available for the Commissioner’s perusal in the case file at the court registry. 

When the case continued on Thursday, Yorgen Fenech’s lawyer pointed out that although they were not objecting to the Commission’s request, they observed that the information supplied by Muscat when testifying had been known by police “for more than two years.” 

“This was just an excuse for the police never to wrap up the investigation,” said lawyer Anna Mallia. 

€30,000 deposit, €120,000 after the murder

Muscat was summoned back to the witness on Thursday for further questioning.

He confirmed that the only time he and Alfred Degiorgio had spotted Caruana Galizia’s car parked outside the gates at her Bidnija home was the day when they planted the bomb. 

Asked about how he and the Degiorgio brothers had been paid the agreed price for the hit, Muscat confirmed that they had received a €30,000 deposit before the murder and the outstanding balance of €120,000 was paid afterwards. 

He had accompanied Alfred Degiorgio to Xgħajra at Żabbar, where Degiorgio was to meet Theuma who had a flat in that area.

Muscat had dropped him off “near the caravans and boats,” and watched as Degiorgio proceeded on foot to his meeting place. 

Although Muscat did not see Theuma, Degiorgio had returned with the money which, he said, had been handed to him by the middleman. 

As Muscat stepped off the witness stand, Theuma entered the courtroom, escorted by plainclothes police officers. 

But before he approached the witness stand, his lawyer informed the court that she had a point to make. 

Right to silence

Although Theuma had testified extensively in various criminal proceedings linked to the murder, he was today opting for his right to silence. 

The reason was very simple, explained lawyer Kathleen Calleja Grima. 

Although Theuma had been granted a presidential pardon to testify about his role in the 2017 assassination, meaning that he was protected against self-incrimination, since then, challenge proceedings filed by Fenech, as alleged accomplice in the plot, had put things in a different perspective. 

Fenech was challenging the Police Commissioner to prosecute Theuma for alleged perjury when testifying in the murder proceedings. 

In February, a Magistrates’ Court had turned down Fenech’s challenge but that decision was still subject to appeal.

It was precisely because that appeal was still pending that Theuma wished to exercise his right to silence, said his lawyer, stressing that they were “in no way trying to get away from anything”. 

“There are black-on-white proceedings challenging his version. We are making this request in light of such special circumstances. We believe that the challenge should fail, but who am I to tell the future,” asked the lawyer. 

'A bolt from the blue'

That request took the other parties off guard. 

“This is a bolt from the blue,” said lawyer Joseph Zammit Maempel who is assisting the Caruana Galizia family in the case.

“He [Theuma] is an important witness for us and we wish to get it over with,” added the lawyer.

“You could have flagged this issue last time! Or at least filed an application to that effect prior to today’s sitting,” stepped in Mallia. 

Madam Justice Felice observed that Theuma had testified many times in other proceedings. 

“But the challenge arose later. This is no delaying tactic. The minute the pardon is attacked, he [Theuma] will be exposed,” insisted Theuma’s lawyer. 

Fenech’s lawyer pointed out that these were civil, not criminal proceedings. 

“What if Fenech were brought to testify here,” Calleja Grima asked.

“If granted a pardon, Fenech would testify,” hit back his lawyer. 

The court intervened, dealing with the unexpected impasse by ordering the registrar of the criminal courts to produce a copy of all testimonies given by Theuma in various proceedings stemming from the murder. 

Theuma had testified against Fenech, the Degiorgios and Muscat, as well as against Robert and Adrian Agius and Jamie Vella. 

Besides Theuma himself, Fenech as an accomplice, Muscat and the Degiorgios as hitmen as well as Agius and Vella as alleged suppliers of the bomb, were all being sued for damages by Caruana Galizia’s heirs. 

Those copies of testimonies were to be produced within four weeks and the court would then take further measures accordingly. 

The case continues in May.