The State should be among the respondents in the court action for damages instituted by the heirs of Daphne Caruana Galizia against the various players linked to the 2017 assassination plot, Melvin Theuma’s lawyers have argued in court.
The case was instituted in October 2020 by the assassinated journalist’s heirs, represented by her husband Peter Caruana Galizia. The respondents are business tycoon Yorgen Fenech who is awaiting trial for alleged complicity in the murder, alleged hitmen George and Alfred Degiorgio, self-confessed hitman Vincent Muscat as well as self-confessed middleman Melvin Theuma.
The trio who allegedly supplied the bomb - brothers Robert and Adrian Agius and their associate Jamie Vella were included in the suit later upon a request by the victim’s family.
Theuma’s lawyers made their final arguments on Tuesday on whether the State should join the other respondents in the lawsuit in view of the conclusions last year of the independent inquiry into the car bomb murder. The inquiry had concluded that the State should shoulder responsibility for the crime, having created an atmosphere of impunity which resulted in the collapse of the rule of law.
Lawyer Matthew Brincat argued that once the government had made a “clear and unequivocal” declaration accepting the conclusions of the public inquiry, then including the State as party in the suit would not only be appropriate but failing to do so would be dangerous.
One of the purposes of this legal mechanism of joinder in the suit was precisely to avoid multiple lawsuits on the same subject matter.
“Did the Caruana Galizia family intend to file separate proceedings against the State?” the lawyer asked.
His colleague Kathleen Calleja Grima pointed out that this was an action for damages in terms of the Civil Code. As the victim’s heirs, the applicants had a right to seek material and moral damages from the various persons who were allegedly liable in varying degrees for the journalist’s death.
Turning her focus upon the State, the lawyer argued that in light of the findings of the public inquiry, cemented further by the government’s own statements, the State had a juridical interest in these proceedings.
There was a clear link between the heirs of the victim and the State.
Madam Justice Anna Felice pointed out that neither the public inquiry report nor any of the public declarations made by the State formed part of the records of the case.
The family was suing all those who were somehow involved in the premeditated plot to murder Daphne Caruana Galizia, whether they liked it or not, countered lawyer Joseph Zammit Maempel, representing the heirs.
Saying that the State ought to be included as party in this suit would be “a waste of time,” argued the lawyer, hinting at the fact that the respondents might be seeking the State’s support in paying any compensation liquidated by the court.
Joining the State in the suit would mean calling into the scene other lawyers and this would possibly weigh down and lengthen proceedings, even in light of the current impact of COVID-19 on court cases.
“It could be that someone acted with a sense of impunity, but how can we say that the State fits within the parameters of this case?”argued Zammit Maempel.
“God forbid if such applications are decided on the basis of the duration of proceedings and the number of lawyers in a case,” exclaimed Calleja Grima, as submissions reached an end.
The case was deferred to February for a decree on this issue.
Meanwhile the court granted Theuma’s lawyers one week within which to file a copy of the public inquiry report and any public declarations referred to in their submissions.
Lawyer Anna Mallia is assisting Fenech.
Lawyers Alfred Abela, Rene Darmanin and Carlos Bugeja are assisting the Agius brothers and Vella.
Lawyer William Cuschieri is assisting the Degiorgios.