Police Superintendent Keith Arnaud was cross-examined this morning, as Madam Justice Miriam Hayman continued hearing the case filed by alleged Daphne Caruana Galizia murder mastermind Yorgen Fenech, over his continued pre-trial detention.

Fenech argued that he has spent over 500 days in custody while still presumed innocent, on grounds that have no basis in law and which are unconstitutional.

Arnaud confirmed that investigations into Yorgen Fenech’s possible ownership of properties in London and Paris have now been concluded.

Arnaud mentioned that Fenech had chats with several foreign people, and that there are also photos and email correspondences that back this up.

The letter that doctor Adrian Vella had allegedly handed to Yorgen Fenech, while in lock up was brought up. Arnaud says that the letter included a ‘narrative’ about other persons being involved in the assassination. He confirmed that Chris Cardona and other associates are mentioned as co-conspirators of the murder.

The inspector said that the investigation shows that the narrative of the letter was just hearsay.

Arnaud revealed that a member of the Malta Secret Service had informed him that Fenech was acting suspiciously and that it was feared that he might be leaving Malta.

The defence insisted on getting to know the name of this individual, while the State Advocate objected.

The court gave Fenech's lawyers two weeks for a written note, while the State Advocate and Caruana Galizia's lawyers were given two weeks, after that to submit their reply.

The case has been now deferred to the 29 October.

12:49 The case has been now deferred to 29 October. 

12:49 Comodini Cachia, “They cannot be presented but are relevant.” 

12:48 Comodini Cachia says she is in a quandary, as she wants to bring evidence which is part of magisterial inquiries, but is secretive and cannot be exhibited in Constitutional proceeding.

12:41 The court gives Fenech's lawyers two weeks for a written note. The State Advocate and Caruana Galizia's lawyers are given two weeks after that to submit their reply.

12:38 The court is thrashing out a date for the next sitting, in which submissions will be heard. 

12:36 Mercieca: “This is the person who led to the arrest of Fenech...he observed the movements and behaviour of Fenech. We want to know what led to the fear of escape.

12:33 Soler says that he cannot understand the insistence on hearing the name of the official in question. 

12:32 The State Advocate asks the court to authorise this witness not to answer questions about any work, role or function of the Secret services. 

12:32 This in order to put Fenech in a position to regulate his position vis-a-vis his constitutional case. 

12:31 Mercieca asks that the name of the individual identified by Arnaud, as the person who supplied the information leading to the arrest of Fenech, a member of the Malta Secret Service, is supplied to the court. He adds that it is to be made accessible solely to the parties in the case, and is to be destroyed at the end of these proceedings.

12:24 Mercieca asks if Vince Muscat (il-Kohhu) confirmed some of the information, which was on the letter Fenech was given. Arnaud says that the investigation shows it was hearsay.

12:24 Arnaud confirms.

12:23 Mercieca asks if Chris Cardona and associates are mentioned as co-conspirators. 

12:21 The freezing order means they can't sell it but they can still use it.

12:17 Comodini Cachia asks if the family still using Fenech's boat. "Is it a large one and could one live on it?" “Yes, yes," replies the superintendent.

12:16 Mercieca says that this is the truth and that he has no interest but to bring evidence of the second freezing, “I don't want to waste more time with Fenech being held in Corradino" 

12:15 The judge asks Arnaud to clarify. Arnaud: "I will have to verify. I know there is a freezing order."

12:14 Mercieca dictates a note to the court: “To the moment of this note, all assets belonging to Mr Fenech are struck by two freezing orders issued by the courts of magistrates and declares that he has no access to his frozen assets. This can be confirmed by the inspector who requested the freezing order and the registrar of criminal courts.” 

12:13 Mercieca: “The truth is that any proof that Fenech owned property abroad did not come from chats, but from the authorities.”

12:10 A shouting argument erupts over the veracity of the chats. 

12:10 The defence says this is not true. Comodini Cachia says that neither the parte civile nor the State advocate have access to the freezing order. 

12:09 "As far as I know it doesn't," replies Arnaud. "So today, the yacht and the inheritance is still available to Fenech," explains Comodini Cachia. 

12:08 Comodini Cachia asks if the freezing order over Fenech's assets, includes the inheritance he received from his father and the yacht.

12:07 Comodini Cachia: “Whilst under arrest, Yorgen Fenech took on the narrative of the letter and made it his own. It now forms part of his statement.” 

12:06 Arnaud: “One of the documents was passed on to him after the arrest. There was a story about persons involved in the assassination." 

12:05 Comodini Cachia: “Did Fenech give it to you as part of his statement for the purposes of pardon?” 

12:05 Comodini Cachia: “What did the letter consist of?” Arnaud: "A narrative"

12:04 Comodini Cachia asks about the attempt to influence Fenech through Dr. Adrian Vella.

11:57 Arnaud: “Yes”. Soler: “When will these people be arraigned?” Arnaud: "After the investigation is finished" 

11:56 Arnaud: “When we saw that Melvin Theuma’s pardon was going through, we feared that what could happen.

11:53 The court tells the State Advocate that this was not the right stage to be doing so. 

11:52 He is shouted down by the defence.

11:52 Soler remarks the although it is relatively easy to go abroad, the means that Yorgen Fenech had made it easier for him to do so often and in different ways. Soler asks if pending the proceedings, other evidence had come to light.

11:49 The court reforms the question. Soler: ”What led you to object to bail?

11:48 Soler: “That a person goes abroad often and has a lot of money abroad... “ The defence objects. 

11:47 State Advocate Chris Soler takes up the line of questioning now. 

11:47 Comodini Cachia asks if the investigations into the murder of Caruana Galizia are still open, despite Fenech's one being closed. Arnaud confirms that they are. 

11:46 Comodini Cachia: “Before his arrest, did it emerge that Fenech received a copy of a document being discussed with Melvin Theuma, without being given this disclosure or participating in the document drafting?”
Arnaud: “Yes.” 

11:45 Arnaud says that the task force was made up of Homicide and FCID officers. 

11:44 The former name of 17 Black was Wings Development. 

11:43 Comodini Cachia: “During his arrest there were searches at Fenech's residence. Did police find any evidence of him owning 17 Black?"
Arnaud: “Yes, I am informed that documents relating to Wings Development were found. This was found by Economic Crimes Unit not by myself." 

11:39 Comodini Cachia: “Whilst under police bail, did Fenech manage to discuss his participation in the murder of Daphne Caruana Galizia?"
Arnaud: "Yes. He had been given a mobile phone by his lawyers, and a paper by his doctor. There was nothing wrong with that." 

11:37 Therese Comodini Cachia takes up the questioning now.

11:34 Mercieca asks if there was any impediment to a European Arrest Warrant being issued in France. Arnaud says that there wasn’t. 

11:31 Arnaud: “His correspondence with the boat captain, telling him to turn GPS tracker on and off and flight arrangements all led to suspicion.” 

11:29 Mercieca moves on, and asks about Fenech's access to foreign countries. Arnaud replies that Fenech had chats with several foreign people, and that there are also photos and email correspondences which prove so. 

11:28 The court tells Comodini Cachia to sit down and warns her about being in contempt of court.  

11:27 Arnaud say that this was definitely not the case. Comodini Cachia stands up and objects to the suggestion. 

11:26 These were short term arrangements, said the Superintendent, adding that he could not say how sustainable they were in the long term. Mercieca asks if Arnaud was consulted for the drafting of a reply filed by the parte civile. 

11:24 Arnaud said that Fenech had not objected to police being with him 24/7 and had cooperated fully.

11:23 Mercieca suggests that Yorgen Fenech had complied, was not dangerous and was very courteous. He adds that Fenech had observed every condition of police bail. 

11:22 Mercieca: "Despite all this you gave him police bail the next day. What did you do to minimize these fears of yours?"
Arnaud: "After his arrest he asked for a pardon. Police were spending 24 hours with him inside his apartment. Also, the port control and airport were on alert for movements."

11:20 The court points out that it was the court that used that phrase but that Arnaud had agreed. 

11:20 Mercieca: “You testified that there was a fear that he would abscond. You also testified that what Melvin Theuma said was the catalyst leading to the arrest.”

11:17 Arnaud: “Fenech was waiting for the outcome of his second request for the presidential pardon and was under police observation at the time.” 

11:16 Arnaud: "Yes" Mercieca: “Was the fear of absonding present throughout the police bail?” 

11:14 Mercieca: “On 26 November, you released Fenech on police bail. He spent a day outside, slept at home and returned. This also happened again on the 29th November.” 

11:13 On 25 November the pardon was granted to Melvin Theuma. 

11:08 Arnaud confirms that Melvin Theuma's information, was for the most part implicating Fenech in the murder. 

11:07 The parties are confirming the dates of bail. 

11:07 The judge asks whether Fenech had complied with the police bail conditions and Arnaud confirms that he had. 

11:02 Arnaud is asked about the police bail given to Fenech. He confirms that Fenech had been given bail several times. 

11:00 Arnaud replies in the affirmative, "I didn't see it myself, but from the chat, Zahra's testimony and that of the captain it emerges that it was on." 

10:58 No replies the superintendent. Mercieca asks if the yacht had a GPS tracker switched on. 

10:58 Mercieca: “Had he informed him that Fenech had been abroad in the run up to the arrest? Or that the year before he had embarked on the exact same boat trip?” 

10:56 “Essentially there was the fear of absconding and the fact that the middleman had mentioned Fenech, “says Arnaud. 

10:56 Mercieca asks about the arrest warrant, “What were the reasons he gave to the magistrate issuing the warrant?” 

10:55 The media was the catalyst, adds the court. Arnaud says he was informed that there was surveillance for months, but not years, before the arrest of Fenech. 

10:53 “The trigger was what was happening in the country and media developments on the issue. Theuma was arrested on a Thursday and on Monday the media started reporting on his arrest and the possible pardon,” says the court. 

10:53 "I'm informed that yes." Arnaud says. 

10:49 Mercieca moves on with his questioning. The court asks whether there were prior investigations into Fenech before his arrest, “Did he use his boat before his arrest?”  

10:48 Comodini Cachia suggests that the name be erased from the acts after the case is decided. After hearing the lawyers argue, the court says that the issue will be tackled after the witness has been cross-examined. 

10:48 The judge warns that if the issue is appealed, the information could become public.  

10:42 Comodini Cachia points out that the director of the Secret Service could testify to the information. Mercieca suggests that the name be written down and handed to the court and the defence. 

10:41 The judge points out that there was a massive file and asks why this new evidence was brought now. Soler tells the court that the law precluded this. 

10:40 Mercieca asks Arnaud, about who had informed him. 

10:39 Arnaud says that the Malta Secret Service had informed him that there was suspicious activity and that there was fear that Fenech was leaving Malta. 

10:38 Arnaud: “The catalyst was that it came out in the news that Melvin Theuma was considered for pardon.” 

10:36 "What I’m told is that he usually catches flights, but this time there was a boat. The people on the ground said that it was suspicious and a different pattern to his usual movements," Arnaud says. 

10:35 The lawyer questions what was different to the previous times that Fenech was preparing to go abroad. 

10:33 Arnaud says that there was movement observed that led to a fear of him leaving Malta. “The boat was being prepared,” he says. 

10:33 Mercieca suggests that the superintendent had said that Fenech's arrest was not planned for the 20th. “Why arrest him then?” he asks. 

10:32 Mercieca says that a week before 19 November, Fenech was in France. "Yes, it results from the investigation that he was abroad, but I don't know the place." Arnaud replies. 

10:31 Mercieca continues to press on this and asks whether Fenech was ever on police bail. The court tells the lawyer that the witness already said he did not have access to this information. 

10:30 “On the murder, no. As either myself of Inspector Zahra would have spoken to him,” adds Arnaud. 

10:29 Arnaud says that before the 19th, he wasn’t informed that Fenech had been spoken to by the police. "I can't speak for the whole police force," protested the Superintendent. 

10:28 "As far as I know, he didn't know" Arnaud went on. 

10:26 Arnaud: “Up till the 19th no, but the activity on the 20th led us to believe that something was up.” 

10:26 Mercieca: “From the investigation, did Fenech know whether he was being investigated over the murder?” 

10:26 Arnaud: “Before 19 there weren't, no.” 

10:26 Mercieca : “On the 19/20 November, there was no warrant of arrest against Fenech, correct?” 

10:24 The court agrees. 

10:23 Comodini Cachia clarifies that her question was whether Fenech had chats with someone about buying a property in France, not whether the chats were factual or not.

10:22 Mercieca says that out of 500 pages of chats, Arnaud had only spoken to Logan woods and Keith Schembri. 

10:21 The court questions the line of questioning. 

10:21 Arnaud: “The squads had agreed that if a third party was to be spoken to, they would discuss and coordinate between them.” 

10:20 Mercieca asks how Arnaud knows that they were spoken to by other squads. "I spoke to the official in charge of the other squads" replied Arnaud. 

10:19 He says that other squads were taking care of this. 

10:18 Arnaud specifies that he had not spoken to anyone about this house. He is asked about names mentioned in the chats. "Logan Woods, Keith Schembri," Arnaud reads.

10:17 Arnaud: "I limited myself to the homicide. Other persons in the chat who merit being spoken to, they would be handled by other individuals in the task force." 

10:16 Mercieca asks if Arnaud wanted more time to perform more checks. "If the court orders me to, I shall do so," the superintendent said. 

10:15 "I did not perform these verifications," replied Arnaud

10:12 "No," replied Arnaud. Mercieca suggests that Fenech never bought property in France and that this could be verified by public records in France. Neither in the name of third parties. 

10:10 "With regards Fenech, yes" replies Arnaud. Mercieca asks if he had checked with French authorities about the Paris property. Arnaud replies in the negative. Arnaud: "I did not enter in the merits of the truth of the chats." Mecieca asks if the property exists. 

10:08 Mercieca begins his cross-examination. “The Bill of Indictment has been issued and almost 4 years have passed since the crime. Have investigations on Fenech in this regard been concluded?” asks Mercieca.  

10:05 Comodini Cachia asks the superintendent whether he had verified whether Fenech had property in Paris. "There was a particular chat, where a property was mentioned in London and Paris. Fenech said he bought the property," said the superintendent, explaining that it was "of a certain value." 

10:04 The judge enters the courtroom and we're in session. Superintendent Arnaud takes the stand and is administered the oath. 

10:04 Fenech has just entered the courtroom and is discussing something with Mercieca. 

10:03 So far, Lawyer Charles Mercieca is here, as is State Advocate Chris Soler, accompanied by lawyer Maurizio Cordina. Parte Civile lawyer Therese Comodini Cachia is also present.