The compilation of evidence against the three men accused of murdering journalist Daphne Caruana Galizia is continuing today before Magistrate Claire Stafrace Zammit.
As has become the norm in this case, the accused – Vince Muscat, il-Kohhu, Alfred Degiorgio, il-Fulu, George Degiorgio, ‘ic-Ciniz’ – entered the court room amid a significant presence of prison officers.
Witness Keith Cutajar, an image expert, takes the stand. He has been tasked with comparing footage of Alfred Degiorgio’s boat, the Maya, taken in October and in November. The aim of this is to ascertain whether the boat shown in all the footage is the same one.
There are two pieces of video footage which Keith Cutajar downloaded from the Transport Malta system which monitors sea vessels – one taken on 16 October 2017, the day of the murder, and the other in November 2017.
The prosecution said they had Transport Malta footage from 16 October and from 23 November, where the May is shown re-entering the port. It said it was requesting that an expert me appointed to compare the two Transport Malta footage to determine whether the footage from 16 October is that same as the one shown on 22 November. These can then be compared with a photo of the Maya which is currently impounded by the police.
Asked by the court whether he was an expert of the various boat models, Cutajar said he was qualified to compare images, but was not a boat expert.
The defence argued that if the prosecution wanted to compare boats, then the comparison should not only be made between footage of the Maya, but between footage of all the boats which were out that day and captured by Transport Malta cameras.
The prosecution said this could be done, and it was now therefore requesting that, coupled with an expert on digital image analysis, an expert on boats also be appointed to compare all the boats out on the two days. It suggested Captain Reuben Lanfranco as a potential expert on boats who could be appointed.
The defence and prosecution eventually agreed that the time-frame which should be analysed on 16 October should be from 2.30 to 3.30pm, with the car bomb which killed Caruana Galizia having been detonated at around 3.30pm
The court upheld the request and nominated experts Keith Cutajar and Captain Reuben Lanfranco to compare the said footage, including identifying all the boats which entered and left port between 2.30pm to 3.30pm on the date of the alleged crime, 16 October.
This footage then has to be compared with footage of the Maya on 23 November also taken by Transport Malta, for which there is footage from 8am to 5pm. The clip showing the Maya within this time-frame has to be extracted and then compared with the clip of the Maya on 16 October in the defined time-frame.
Later in today’s proceedings, Keith Cutajar, testifying, said he was exhibiting five forensic copies of a 6Tb drive which contained evidence gathered by EUROPOL.
Another witness, employed with Melita as a legal counsel, then took the stand. She submitted a CD with call, SMS text messages and internet data which took place on Melita cell towers in the vicinity of the area where the bomb was detonated. She said she had worked hand in hand with an engineer to obtain the data, due to its technical nature.
Asked by the defence who was making requests for data to Melita, the witness said it had first been court expert Martin Bajada, following which the requests came from the police.
Next to take the stand was Dr Anthony Bonnici, a Go plc company secretary office employee, also presented a CD with data which was requested from the police.
The data includes cell tower data from the towers covering Bidnija and its proximity. It also includes information on IMEI phone numbers related to whether such phones, identified by their IMEIs, where used with a Go SIM card. Two IMEIs given by the police were found to have been used with Go SIM cards, while the other IMEIs were not used with such a SIM card in the last year, which is the maximum term allowed by law for such a match between an IMEI and a SIM card to be made.
The data was requested for the time-frames from 15 to 16 October 2017.
Bonnici explained, that, in rare cases, a mobile phone might not connect to the closest cell tower, identified by its Cell ID, to it – such as in a case where the closest tower is undergoing maintenance, or if there is an obstacle between the phone and tower – and might instead connect to the next closest tower which is a longer distance away.
“We can never be 100% sure that a particular mobile which is connected to a particular Cell ID is [physically] in the vicinity of that cell tower,” Bonnici said, when asked by the defence whether it was possible to say, without any doubt, whether a phone connected to a Cell ID had to definitely be within the coverage area of that tower.
Legal aid Martin Fenech is assisting Vince Muscat. Lawyers William Cuschieri and Martha Muscat are representing Alfred Degiorgio. Legal aid Benjamin Valenzia is assisting George Degiorgio.