Former Chief of Staff to the Prime Minister Keith Schembri is testifying in court today, 24 hours after an arrest warrant was issued when he failed to turn up before Mr Justice Lawrence Mintoff who is hearing a constitutional case filed by suspected mastermind, Yorgen Fenech to have Inspector Keith Arnaud removed from the investigation, related to the murder of Daphne Caruana Galizia.
Schembri yesterday claimed that he had not been notified to appear, and when online media reported the judge’s decision, he made it to court to explain the situation.
Schembri resigned from the post of OPM chief of staff in November after his name was mentioned during police investigations into the murder of Daphne Caruana Galizia.
Fenech is claiming that Schembri was being briefed on the progress of the investigation by Arnaud.
In his testimony yesterday, Fenech said that Schembri and Arnaud have a close relationship. Arnaud also testified, denying that he was passing information about the investigation to Schembri.
Follow minute-by-minute report below. Please refresh for latest updates
12.05pm: The sitting is adjourned to 14 January at 9am.
12.03pm: Buttigieg from the AG's office objects, saying that her evidence was now closed. Camilleri argues that it is legally permissible. The court decides that the footage should be seen and it will be decided during the next sitting if more witnesses are needed.
11.59am: Camilleri says that she has no more witnesses, but asks that CCTV footage mentioned by Keith Arnaud be given to the parties.
11.58.pm: Theuma's testimony is over and cross examination is reserved.
11.57am: Fenech called Theuma and told him Kohhu (Vince Muscat, one of the three men accused with the murder) was speaking to the police. Theuma started drinking and later on sent a message to Fenech saying he does not deserve this treatment. In the evening Theuma said he got a call from Johan Cremona (business partner with Fenech and Theuma rents shops to him). Cremona went to Theuma's house with Kenneth Camilleri. Theuma says that he had a lot of pressure about Degiorgios' bail. Then Kenneth moved away and made a call to someone, Theuma continues. Kenneth then said that the Degiorgios would get bail on 22 Decemver at one million euros each.
11.53am: Theuma did not tell Schembri he did not have the time for this job he was being offfered as Schembri had left by then, Theuma is saying. Theuma told either Tony Muscat or Sandro Craus that he couldn’t work because he had another job. “When I told Fenech about the job he said 'isn’t it better another wage per month',” Theuma says.
11.50am: Theuma is again telling the story of how he got the now infamous phantom job. He is saying that was a taxi driver and that he worked for most of the day from Monday to Sunday. Fenech told theuma that Sandro Craus would call him about a meeting with Schembri at Castille. Theuma is retelling the story of how he met Schembri in Castille and confirms that Sandro Craus took the photo of him and Schembri.
11.48am: Before the arrest of the three men who are now accused with the murder, Fenech told him that the arrest was going to take place and Fenech told him he could tell the three accsued. "He told me I can tell Mario Degiorgio (Degiorgios brother)", Theuma says. Asked about how Fenech got his information, Theuma says that Fenech had said that Schembri would pass through fire for him and he did this for him.Theuma says he met Schembri twice - once at Fenech’s farmhouse (this was before the election) and the one time at Castille.
11.47am: Theuma says he passed on some recordings he took of convesrations he had with Fenech to Fenech, and later to the police. Theuma says there are a lot of recordings but he does not think Arnaud is mentioned in them. "When I had the chance I recorded," Theuma adds. Arnaud was never mentioned when he spoke to Fenech, Theuma says. After the murder Fenech told him that the police got to know about the message that set off the bomb. Fenech told Theuma the whole message but he remembered just RL from it.
11.44am: Melvin Theuma takes the stand to testify.
11.43am: Schembri finishs his testimony and AG office reserves the right to cross examine him at a later stage.
11.40am: Schembri said he endured 50 hours of interrogation and two strip searches. He said he was made to listen to the recordings and was aware his name was mentioned. Schembri was mentioned once by Theuma, who said he would take the Degiorgios to Schembri's home because, according to Thuema, Schembri had the power to give them bail, Schembri says. He adds he knows Kenneth Camilleri as he had been part of the PM’s security detail. He says he never discussed the murder case with Camilleri.
11.39am: Did you ever tell Fenech that you spoke to Arnaud to organsie meetings, lawyer Camilleri asks Schembri. “For sure not,” he replies.
11.36am: Lawyer Camilleri complains that Schembri is not looking at the judge but keeps looking to his right. The judge tells him to look at the flag or the emblem straight ahead.
11.35am: Schembri also says that he found out about the leak from the media. Lawyer Camilleri asks Schembri if he passed information about the murder investigation to Fenech. “You asked me three times and the answer is still no,” Schembri says. Camilleri asks Schembri, “Had you ever told Yorgen Fenech that Arnaud was keeping you updated on what's going on?” Schembri replies "no".
11.33am: Camilleri says, “Mr Schembri are you aware that Yorgen Fenech said under oath that you had passed on information. What do you say to this?” Schembri says he and Fenech discussed what was in the media. But he said it was “not true” that he passed on information to Fenech, as Fenech claimed under oath. Lawyer Camilleri asks Schembri if Arnaud told him about a leak. Schembri says "no", Arnaud did not. While he was being interrogated, some details were being reported live in the media, Schembri says. “The media had already arrived at the depot before I got there," he continued. The media even knew about Schembri being summoned for yesterday's sitting before he did, Schembri is saying.
11.30am: The lawyers ask for time to consult with Fenech, which is granted.
11.27am: Schembri says he did not tell Arnaud Fenech told him he was leaving the island. "No I didn't. With hindsight, I know it appears to be bad. I did what I had to do. I had told no one of my friendship with Yorgen," Schembri says. "We can say that the objective was attained, I did my duty," Schembri says. As Schembri says this, Fenech - in the courtroom listening to the testimony - shakes his head.
11.21am: Camilleri asks Schembri, "Was there communication with Yorgen Fenech on the day?" “Yes there was," Schembri replied. "He asked if someone was following him. I answered no." Fenech first messaged Schembri and then Fenech called him, Schembri says. The call was long, Schembri is saying. Fenech told him he was taking his boat to be fixed in Sicily. Schembri told Fenech this is not the moment to go abroad. Lawyer Camilleri asks Schembri why he had said that, since Fenech had not been under arrest at this time. Schembri replie "How would Malta react? Wouldn’t everyone turn against us and allege that we had helped him escape.” Schembri also confirms that he knew Fenech was being investigated. Schembri said he knew for a couple of weeks that Fenech was being investigated. Fenech asked Schembri if he was under investigation and Schembri told him he was not. “In my position I could not give information,” Schembri tells the court. This call lasted 24 minutes.
11.16am: Camilleri is asking about the day of Yorgen Fenech’s arrest. “Did you try to help Fenech escape from Gozo?” Schembri objects as he is saying he did not help anyone escape. Schembri says he did not know Fenech’s phone was being tapped and they he never informed him about it. “We would not have such information,” Schemrbi adds. Fenech’s phone was elevated by police and when Fenech’s lawyers asked for the info on the phone they were told Europol had taken it.
11.13am: Schembri does not know who referred Theuma but is saying someone did refer him. "I gave Theuma a coffee and we took a photo." Theuma started speaking to Schembri about Mintoff and Schembri told him let us go see a photo of Mintoff. Theuma took a picture of Mintoff to send it to his mother. Asked about Arnaud's wife's job, Schembri says nobody spoke to him about it.
11.12am: On Theuma's phantom job with the government: Schembri says Thuema was sent to him. "I get numerous such requests," Schembri is saying. He says he gets five or six such requests a day, and ministers and even the Curia send people. Schembri says he didn’t know Theuma didn’t want the job.
11.10am: Schembri is speaking about his relationship with Arnaud. Schembri says he met Arnuad for the first time at the first briefing on this case. When SValletta was on the case Arnaud used to come with him to the briefing. Schembri says he to enagage in small talk with Arnaud before the meetings. The spoke about football and Schembri confirmed he knows who Arnaud sides with. Schembri said it’s normal between two men, but "...we never ate together (qatt ma kilna l-kirxa flimkien).”
11.07am: "I never spoke to Fenech about the investigation," Schembri says. Schembri also confirmes he did not speak to Fenech about Theuma's pardon. Schembri adds he was not involved in Theuma's pardon, as this was discussed between Attorney General and Police Commissioner, and then the Prime Minister advised. "I was not present for these meetings regarding the pardon," Schembri is confirming.
11.03am: Schembri confirms he was present for a number of briefings, related to the case of the murder of Daphne Caruana Galizia. When asked who would be present for these briefings, Schembri said "The Prime Minister would be there, the Attorney General and sometimes Minister Owen Bonnici." "Castille does not investigate," Schembri says, adding "as Castille we liaise and help the investigators when it comes to foreign assistance." Schembri also says he used to liase with former deputy police commissioner, Silvio Valletta as he was the one who organised these briefings. Later, Inspector Arnaud took over. Arnaud used to send him a WhatsApp message to ask for a briefing. Schembri used to speak to PM and they used to organize this meeting. “The police used to tell us what they needed to tell us,” Schembri says. The police used to give information in the presence of everyone during the briefings.
11.01am: One of the letters mentioned Economy Minister Chris Cardona. Fenech has claimed that Schembri asked him to pin the blame for the murder on Cardona. Schembri tells the court that Cardona and he are colleagues, but not friends. He also says he did not have any role with MSS (Malta Security Service), but as Chief of Staff he sometimes attended meetings along with other persons. "Today i have no contact with MSS," he says.
11.00am: Schembri is telling the court he was shown three letters, none of which he is saying he wrote. “I didn't write them, didn't send them, and didn't deliver them," Schembri says when asked about Vella's involvement. He also says that he has nothing to gain from these letters because he did not write them.
10.59am: “In the 50 hours I spent under arrest at the police depot, I spoke about the letter. I didn't write it, I didn't issue it,” Schembri says. The letter is a reference to a note that Fenech has claimed was delivered to him by Schembri, with instructions on what to tell the police.
10.57am: Schembri says police arrested him at 5.30am and he spent 30 hours in the lock-up. He then went again for another 20 hours. The police searched his house twice, and his office at Castille. Apart from police inspectors Keith Arnaud and Kurt Zahra there were members of ECU (Economic Crimes Unit) searching his office. He says he did not interfere in the investigation.
10.54am: Schembri confirmed that Adrian Vella is his personal doctor. Hesitating, Schembri says he does not remember visiting Vella on the day Fenech got arrested. Camilleri pointed out that it wasn’t that long ago, and Schembri says so what. Schembri is now saying he learnt of Fenech’s arrest from the media. Asked by Camilleri how often he used to see Vella, Schembri says has a phobia of being ill so he used to go to him often, and communicated with Vella every time any of his family was sick.
10.53am: "I did not have any business with Fenech and never received money from him," Schembri says. "He was a friend but I had many friends." Schembri is saying that Fenech and him had gone abroad together three times. Asked how many times they would call each other, Schembri says he does not remember. Fenech and Schembri generally communitcated via WhatsApp, as Schembri says this was how he communicated with most people. Schembri says he does not remember how often they communicated, but adds that "I charge my phone four times a day." Schembri is also say he does not remember the amount of times he went on Fenech’s boat and to his farmhouse in Zebbug.
10.51am: Camilleri then refers to the Egrant report where Schembri said he was irritated by Daphne Caruana Galizia's comments, especially about his health. Schembri says that he only saw snippets of the Egrant report, since it was only released last night, and what he saw in the media. “I am not capable of hating and I do not hate anyone,” Schembri said. “That is my character,” he continues. However, he adds that Caruana Galizia crossed a line. "My daughter came and said is it true you are going to die?" Schembri says.
10.49am: Marion Camilleri, one of the lawyers representing Fenech, is referrring Schembri to a blog written by Daphne Caruana Galizia. "Did it bother you and what did you ask Yorgen to do," Camilleri asks. Schembri says he did not ask Fenech to do anything.
10.47am: Schembri apologises for yesterday's happenings (an warrant for his arrest was issued after having failed to turn up to court to testify), and says he was a at home. The judge says the court cannot wait for anyone. The court is clarifiing the reasons for Schembri’s warrant of arrest, saying that this is a constituional proceeding and the nature of events are urgent.
10.43am: Keith Schembri is being called in to testify first.
10.42am: Judge Lawrence Mintoff walks in and the hearing starts.
10.35am: Yorgen Fenech enters the courtroom.
10.32am: People re-entering the courtoom are being individually frisked and their bags checked.
10.30am: People inside the courtroom were asked to leave again, soon after they had settled in.
10.29am: Keith Schembri arrives at the Law Courts building
10.28am: The courtroom has opened. The room is packed.
10.24am: Members of the Caruana Galizia family are also present.
10.20am: Security is tight in the law courts today. Persons entering the hall are having their bags checked again outside Hall 19, where the sitting will be held. (All people entering the law courts building have to be checked on entry).
10.14am: Melvin Theuma, who is also expected to testify today, is waiting outside the courtroom, accompanied by two police officers.