Major developments in the Daphne Caruana Galizia murder probe occurred in 2018 as police gathered information about a “desperate” and “furious” taxi driver who was foul-mouthing alleged murder mastermind Yorgen Fenech, a lead investigator testified in court on Monday.

That taxi man was Melvin Theuma whose name was first outed to investigators by Vince Muscat, one of the three hitmen who allegedly triggered the car bomb explosion that killed Caruana Galizia in October 2017.

“Melvin’s name was first mentioned to us by Vince Muscat,” said superintendent Keith Arnaud when testifying in a case where Fenech’s lawyers are claiming that police were selective in handing over data gathered throughout the murder probe.

Fenech is currently awaiting trial for complicity in the murder.

Without full disclosure there could be no trial and Fenech’s fundamental rights were being breached, his lawyers argue.

Arnaud said that major developments in the case took place in 2018 and phone intercepts probably dated to that time.

Calls between Theuma and third parties indicated that the man had a dispute with the wealthy businessman.

But police were unable to explain the cause.

“It was just Melvin using foul language and nothing else. We could not understand at first what the issue between him and Fenech was.”

Those phone taps revealed that Theuma was secretly recording his conversations with Fenech, thus confirming what Muscat had told police.

“Then, Melvin Theuma said something after the summer of 2018 and that strengthened our understanding,” said Arnaud.

Theuma eventually confessed to his role as a middleman in the murder, earning a presidential pardon in exchange for his testimony.

Muscat also registered an admission after being granted a pardon for his role in the fatal shooting of lawyer Carmel Chircop in 2015, in exchange for testimony at the Caruana Galizia murder proceedings.

He is currently serving a 15-year prison sentence for the journalist’s murder.

Brothers George and Alfred Degiorgio, Muscat’s former co-accused, are still awaiting trial.

Investigations were “jammed” while police sought to devise a way of getting hold of Theuma’s tapes. The man was also sometimes “cautious with words,” Arnaud explained.

A police task force working on the murder drew up a timeline of intercepts and investigators began to understand that Fenech was somehow involved and that the trouble between him and Theuma concerned Daphne’s murder.

“I did not keep records,” replied Arnaud when asked by one of Fenech’s lawyers about those intercepted calls.

That data was not “black on white” and the investigating team was of the opinion that the phone taps would not stand as evidence.

Theuma just came across as “a desperate man, furious and foul mouthing someone else. That’s all. But then we began to understand in the light of what Vince Muscat had told us.”

Muscat’s version needed to be corroborated with more evidence if it were to stand as strong, valid proof in court, Arnaud said. 

So when police got to know that Theuma was planning a meal at a local restaurant, they seized the opportunity, in case he unknowingly gave away some relevant piece of information.

“We were thirsty for information and so we took the chance,” said the superintendent.

Yet, no progress was registered that day.

Brief clips from Theuma’s intercepted calls were played out three times when interrogating Edgar Brincat il-Gojja, who was a known trusted friend of the middleman, the superintendent continued.

He explained how he had resorted to those seconds-long clips in an attempt to get Brincat to talk after the man refused to answer police questions.

Brincat was the same person who had allegedly communicated with ex-police commissioner Lawrence Cutajar on the eve of his testimony in court.

Asked if he had questioned Cutajar about that, Arnaud replied, “No.”

“It could be that Theuma sent il-Gojja to ‘pay’ Cutajar for his pardon and yet you did not send for Cutajar?”insisted lawyer Charles Mercieca.

There was another post-murder investigation into that matter and he was not involved in it, Arnaud retorted.

Fenech’s lawyers minuted in court that they were requesting all phone data, CCTV footage, geolocation data, police statements and all other material data gathered by investigators in the murder probe.

They wanted full disclosure, not simply data presented by the prosecution during the compilation of evidence, the lawyers told Madame Justice Audrey Demicoli.

Certain data formed part of “ongoing inquiries,” lawyers from the State Advocate’s Office pointed out.

“We conveniently use inquiries to withhold information. This man [Fenech] is facing a trial and possible life imprisonment and he wants all evidence. So wrap up those inquiries and give us the evidence,” Mercieca insisted.

The case continues.

Lawyers Charles Mercieca, Gianluca Caruana Curran and Marion Camilleri are assisting the applicant.

Lawyers Maurizio Cordina and Charlene Camilleri Zarb appeared on behalf of the State Advocate and the Police Commissioner who was represented by his Deputy, lawyer Alexandra Mamo.