Foreign experts accompanied police officers on several searches following the assassination of journalist Daphne Caruana Galizia, the court heard today.
The compilation of evidence against the three men accused of assassinating Journalist Daphne Caruana Galizia continued before Magistrate Claire Stafrace Zammit. In today’s sitting, it was revealed how on 18 October, two days after the assassination, a Dutch expert partitioned the site into different search zones, and forensic officers and Explosives Ordinance Disposal Unit officers searched the grid for any evidence, passing it on to the foreign expert.
It also emerged that local police officers were accompanied by foreign experts during a number of searches, mainly involving Europol. A man known as “Israel” was identified by one of the local officers as being a foreign expert. Another issue saw a man testify that Matthew Caruana Galizia, Daphne’s son, was convinced that he had snapped some photos with his phone on the day of the assassination. The man said that when his phone was handed to Matthew Caruana Galizia, he smashed it on the ground due to this belief. Daphne Caruana Galizia was brutally murdered in a car bomb on 16 October 2017 just metres away from her Bidnija residence.
Following police investigations, assisted by the FBI and Dutch forensic experts, George Degiorgio, his brother Alfred Degiorgio and Vince Muscat were arrested and charged with carrying out the heinous act. Daphne Caruana Galizia’s husband Peter Caruana Galizia is present in the court room, as well as other family members.
Philip Galea Farrugia from the attorney general's office and inspectors Keith Arnaud and Kurt Zahra are appearing for the prosecution.
Martin Fenech is defence counsel to Vincent Muscat, known as il-Koħħu, 55. William Cuschieri and Martha Muscat are appearing for Alfred Degiorgio, known as il-Fulu, 53. Josette Sultana is defence counsel to Alfred's brother George Degiorgio, known as iċ-Ċiniz, 55. Jason Azzopardi and Therese Comodini Cachia are appearing parte civile.
Below find a minute by minute of today's proceedings in court
1.02pm: Case adjourned to 12 april
1pm: The defence attorneys brought up an issue after they were told they have to see their clients separately, rather than together, and said they want to see them together as a team. The lawyers verbalised their no objection to when their clients see their lawyers; they can see all three clients, even not in the presence of the respective lawyers.
12.56pm: Other members of the Explosives Ordinance Disposal Unit testified, backing the previous officer’s statements.
12.44pm: A bomb disposal officer, Antoine Zahra, testified that he also went on site at around 3.20pm on the day of the explosion. He said he found CPD officers turning out the fire, as well as police officers. He said he was tasked with securing the area, and to ensure that there were no other explosives around.
He said they searched around the car, and where the explosion occurred on the road.
He said the unit was asked to remain standby on site overnight. A roster was drawn up. He said at 8.30pm they all went to base and divided up the overnight shift.
He said that a Dutch foreigner divided the area into different sections, and that he was assigned search duties on 18 October, looking for any evidence related to the case, including parts of cars etc. He said anything fund was passed onto the foreigner, who then saw what to do with them to see if they were related to the case.
12.30pm: Joseph Fava, from the CPD, said that on 16 October a call came in regarding the explosion and that he went on site. He said he arrived a few minutes after 3pm.
He said that they were careful not to move evidence with the fire engine while passing through to put out the fire.
Other CPD officers also testified. A fire engine driver said, when arriving on site, that he was in the second fire engine to arrive. The first fire engine worked on the car, whereas his fire engine worked on a small grass fire near the part of the road where the car exploded, he said.
12.25pm: Joseph Mercieca from the CID said that he was part of the investigation into the murder of Daphne Caruana Galizia.
He said that he first went to search for Vince Muscat on a site in Siggiewi, where Vince Muscat was residing. He found his wife, who said that Vince was not there. He said that an Interpol agent and a forensic expert were also present. They waited till evening and searched the house, confiscating a computer.
They accompanied Muscat to Msida, where they conducted another search.
He said that they then went to the workers monument by the seafront, where the Toyota was parked.
He did not know the name of the Interpol officer.
11.44am: A female inspector testified. She was assigned by inspector Joseph Mercieca. She said they were to arrest Vince Muscat and were instructed to stand as a fixed point outside his residence. She said she was in Msida ensuring nobody entered or left the residence. She said nothing happened, but at 6pm his daughter arrived. She was stopped and was allowed in to feed the dog. She said that Mercieca, Inspector Kurt Zahra and forensics as well as a Europol expert arrived and searched the house. Vince Muscat was present.
11.35am: On December 4 Constable Sergio Spiteri was sent to Msida at 8 am, near a Toyota Passo which was parked. The car was taken to the police depot at around 6,30 pm.. The car was parked in front of a garage. A certain Inspector Mercieca arrived on site at 6.30pm, he had the accused Vince Muscat with him, and a person from the RMF who tried to open the car but couldn’t. During cross examination, he was asked if he had a warrant. He said he did not have it on him but had seen it.
11.25am: Police Constable Oliver Borg testified that on 4 December, he was working with the Drugs Squad when they received instructions. He said at 7am he was told to go near Miguel Caruana’s parents' residence, where they had to wait before his residence for him to exit and arrest him (Caruana is allegedly a fishing buddy of one of the accused, and is a GO employee). At around 8.15 am, he was told to move to Zabbar, to Miguel’s residence. They waited near the residence. The partner arrived later and the officers told her that they had to wait for Miguel. He said they went into the residence once Miguel Caruana was arrested by other police officials. He said that there was a foreign police expert also present. He said that there were forensic officers present who photographed everything. All officers then went to his parent’s house, and a search occurred the next day by other officers. During cross examination, he said that Economic Crime Inspector Matthew Vella had a copy of a search warrant.
11.14am: Nurse Claire Carabott said that on 16 October, the day of the explosion, she was working in the emergency department. She said that they went to Bidnija via ambulance. They arrived at around 3.16pm. She said she saw a car on fire, with some people trying to put the blaze out. The car was in a field, she said. Dr Spiteri told them to keep a safe distance and remained there until it was safe. Spiteri told them there were no signs of life.
11.10am: Dr Michael Spiteri, a consultant with the emergency department, said that on the day of the bombing, a report came in at around 3pm regarding an explosion and said that he went on site at 3.15pm. He said that police were already on site. He said that he asked the officers who were there for information and said he was told that a person was probably inside the car. He said he told the ambulance to back away and was told the CPD was also on its way. Staff safety was a priority, so everyone moved to a safer distance. The CPD officers put out the fire and when it was safe, he approached the vehicle. He certified the person as dead on site.
11.05am: Drillon Marsela, who spoke in Italian and is from Albania, and works in a Paceville restaurant, testified in relation to a garage situated in Mriehel. He went to Valletta to meet police after receiving a call. In earlier sittings, it had emerged that Daphne Caruana Galizia’s car was taken to a panel beater in Mriehel. He said that on a Monday he was called by a mechanic at 8am and told him someone posted car keys in his garage letterbox by accident. He said he went to the garage at 5pm and found the mechanic, and others there. He gave them the keys. He said the mechanic was a certain Jesmond. He said the garage is not his but is of his boss, Duncan Dimech. A police officer told the witness that the police had spoken to a person called Paul Sammut, from Bidnija. He told us that he saw a white car in an area for around three weeks, and the number plate ended in Q, Z. He said that the car would be parked in the area overlooking Bidnija, and Sammut would see a man not normally seen in the area outside it. He said that he and an inspector went on site, and noted there was a cigarette by a tree there. He said that he remained there to make sure nobody else came to preserve the site. He said he spent around 30 minutes there. He said that he was also part of the raids. He said that he stayed with George Degiorgio during the potato shed search. He said that he was also sent to look at CCTV footage from homes around Bidnija, and said that when looking at the footage, going back three days, he did not see the white car with the licence plate ending in QZ. He said that from all the footage collected he only saw one CCTV footage from one home. He said some number plates were visible, while others weren’t.
10.46am: A police Sergeant who took part in the Marsa raids said he had assisted in a number of arrests. He said he had found a fish finder in the cars of one of the accused, a BMW. Police recovered 7 phones from the sea bed, he said. The following day, he returned with George Degiorgio to search a potato shed. He said the room was opened with George Degiorgio present. Inspector Arnaud was not with him at the time on 5 December, and Arnaud had the warrants, it emerged in cross examination. He said he had not asked the inspector for a search warrant and had not seen one personally. He said Arnaud had asked him to go and conduct a search. He took a number of phots there. Questions arose as to whether the police had a warrant, to which he said that the inspector had, but he hadn’t seen it. He said Inspector Keith Arnaud had told him to conduct the second day search.
10.30am: A man whose name is not to be published by court order, pointed to Alfred Degiorgio and said that they had met on 25 October and exchanged numbers, where Degiorgio had introduced himself as Roger.
In November, ‘Roger’ had called him up and they met in Xlendi, at a hotel. Where Degiorgio stayed. The two men went into the hotel room for 15 minutes, and the two had no further contact.
10.20am: Mario Vella, who owns a farmhouse in Bidnija, took the stand, and said that he was in Mosta when he was called by his daughter, saying she heard a loud noise and that she saw smoke. He left in that direction and when he arrived he saw a few police officers, two around the flaming car. He parked his car and went towards the burning car.
He said that it took him around 10-20 minutes to reach Bidnija. The car which was on fire, he said, was in a field.
When he parked and got out of the car, it didn’t cross his mind what had happened. He said he called his brothers to pass from a different road, knowing that they pass from there on their way from work. He said he felt he should leave. He asked a policeman if he could go, to which he was told he could. There was a youth talking to another officer, he said, who then walked up to him. “He said I took photos, I told him I didn’t."
He said that he passed on his phone to the policeman; the officer checked it and said there were no photos. “When I got my phone back, the youth was angry”. He said that he gave his phone to the youth to check, and that the youth slammed the phone on the ground. The policeman took him to the other side of the road, he said. He said that he went up to the youth and asked him why he broke his phone. "He told me it was because I was taking photos."
10.10am: Assistant Commissioner Martin Sammut said that two constables were first on scene. He presented his written testimony.
9.56am: Inspector Kevin Pulis from the Drugs Squad testified, and said that on 4 December he was given instructions to go outside a St Paul’s Bay flat residence.
When Alfred Degiorgio was arrested, he was brought to this flat and the flat was searched.
There was a forensic team and Alfred Degiorgio was with them, he said. CID searched the premises. During the searches, electronic devices were found and €4,000 euros in cash from behind a picture frame.
In counter examination, he said that he went into the flat with the members of the forensic team.
He said that two CID members, himself, two forensic unit officials and aforeign expert were in the flat. Alfred Degiorgio, at all times, was seeing what was being searched, as he had a right to be there.
9.50am: Inspector Nicholas Vella testified. He presented the report which he had submitted during the magisterial inquiry. He was also appointed by Magistrate Anthony Vella to give testimony during the inquiry, which he also presented.
He said that he was on scene on the day of the murder. He said that he was informed that a car explosion had been heard and went on site, seeing a car on fire in Bidnija. He said that the police then tried to control the situation. He said that his testimony was documented in writing and this was presented to magistrate Vella.
9.45am: The three accused men have been brought in.
9.41am: Magistrate Claire Stafrace Zammit enters the court room