The compilation of evidence against Yorgen Fenech will continue this morning.
The case against the former Tumas Group director, who is charged with complicity in the assassination of journalist Daphne Caruana Galizia, was put on hold after the law courts on 16 March closed for most cases, due to COVID-19.
Last week, a judge ruled that the delay in the proceedings went against Fenech's fundamental rights.
Melvin Theuma, the middleman in the murder, is testifying in the compilation of evidence against Fenech after he was given a presidential pardon.
Magistrate Rachel Montebello is hearing the compilation of evidence against Fenech.
The defence lawyers are Marion Camilleri and Gianluca Caruana Curran.
The prosecution is being led by inspectors Keith Arnaud and Kurt Zahra, assisted by the Attorney General.
Lawyers Jason Azzopardi and Therese Comodini Cachia are appearing parte civile for the Caruana Galizia family.
The sitting is expected to start at 10am.
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13:14 Today's sitting is now over. The next sitting is on Monday 8 June.
13:08 Defence lawyer Gianluca Caruana Curran laments that the court has already been hearing Theuma's testimony for seven months. He says he wishes that the other witnesses start being heard soon.
13:07 The court is telling the prosecution that it wishes that Melvin Theuma's testimony about the transcripts is concluded by the next sitting.
13:05 Melvin Theuma's testimony concludes for today. He steps down from the witness stand and leaves the court room.
13:05 Arnaud is asking about the statements made by the Degiorgio brothers that they were trying to pin the murder on Cardona. Theuma tells the court that Yorgen Fenech said the conversation had been recorded by prison officials. It is unclear where or how they recorded it.
13:04 Azzopardi concludes his questioning for today.
13:03 Azzopardi now asks Theuma whether a photo had been taken of Cardona with il-Fulu. Theuma says yes. Theuma is unable to say whether the photo had been taken before or after the murder, he had been told by Yorgen Fenech about the photo after the assassination.
13:02 Theuma tells the court of how paranoid he had become, checking the news every morning.
13:02 Regarding the "350", Theuma clarifies this was €350,000.
13:02 Azzopardi continues questioning Theuma. He asks whether Fenech had ever told him he wanted to buy The Independent [newspaper]. Theuma says he had not mentioned it.
12:56 The trial by jury in question is the jury of the Degiorgio brothers.
“I know another thing about David Gatt. Mario had told me that David Gatt sent a message with someone that if the Degiorgios rat out Cardona, he is ready to have them killed.” Theuma says Yorgen Fenech told him that they were trying to pin the murder of Cardona.
12:55 Theuma tells the court that a photo was shown to him by either Yorgen Fenech or Johann Cremona. He doesn’t remember who of the two. It was a photo of a person who had passed money from Cardona to il-Fulu. The name of the man in the photo starts with “B”, but Theuma doesn’t know the whole name. Azzopardi asks whether the man in the photo was “Il-Billy”. The discussion between Theuma and either Fenech or Cremona, when they showed him the photo, was that the man in photo passed money on from Cardona to il-Fulu. The court asks why Fenech or Cremona had shown this photo to Theuma. “I don't know... maybe to calm me down,” Theuma says, “I’m going to be honest. I did wish that someone else would get it [for the murder].” He says the photo could have been shown to him to indicate that there was another person involved in the crime.
Azzopardi goes on with his questioning. He asks whether Theuma knew Mario Degiorgio. Theuma says he did. Azzopardi asks Theuma whether Mario Degiorgio “had ever mentioned the name of a person in relation to a (trial by) jury and a sum of money?” Theuma says: “Once Mario Degiorgio mentioned a certain David Gatt - whom I had never met or spoken to - and said that this Gatt had to make available 400 by the time of the jury.”
12:52 Azzopardi asks: “Did you knot find it strange that a mobile was found in the sea which was only used to communicate with a minister?”. Theuma says: “Yorgen told me that a phone was found on which the only numbers found were Cardona’s and il-Fulu’s.”
Azzopardi continues his questioning: "Did you ever ask Fenech why there was this communication between a criminal and a minister." "I didn't ask him," Theuma replies.
Azzopardi now asks whether Cardona was mentioned by Fenech in the contest of the assassination. “Cardona was mentioned a 100 times,” Theuma says. “Fenech told me that Chris Cardona was admitted to hospital... because of how worried he was after the murder of Daphne,” Theuma says. “Fenech told me Cardona had taken some pills. That’s why he was admitted to hospital." Theuma also makes mention of an “overdose”.
12:45 Azzopardi asks whether Theuma knows what kind of mobile was found in the sea, and whether it was the same type of mobile as the one he used to communicated with il-Fulu. Theuma says he doesn't know.
12:45 Azzopardi asks what Theuma meant when he said the mobile he had was used only for him and il-Fulu. Theuma clarifies it meant he had a mobile which was used only to communicate with il-Fulu.
12:40 Azzopardi asks Theuma whether Fenech ever mentioned which people had been visiting his ranch. “Once he told me Adrian Delia went to his ranch to eat,” Theuma tells the court. “But if Fenech was lying, just to show me how many people he knew…” Theuma remarks.
12:39 Theuma continues telling the court: “I didn’t ask him [why Valletta had said my face wasn’t new to him].” He clarifies that he only saw Silvio Valletta (former assistant police commissioner) once at the ranch.
12:39 “Some days later, I was taking Fenech to the airport. Fenech told me that Valletta had recognised me, and that my face wasn’t new to the police," Theuma says. "I asked Fenech what he meant by this - I didn’t know Valletta from Adam - I only knew him from the TV. So, being told this, how can I not have gotten obsessed that some betrayal was about to take place.”
12:37 Azzopardi asks whether Theuma used to go to Fenech's Zebbug ranch regularly. "I used to go regularly," Theuma says, "If I could, I would sleep there…” Azzopardi asks Theuma whether he ever saw “a particular person - someone known” at the Zebbug ranch. Theuma says they would be alone when he went there to discuss things. Azzopardi asks: “But do you remember seeing someone popping in?.” Theuma says: “Yes.”
“Once I went there in the morning. And Fenech was cooking cannelloni. It was a small portion, so I knew there wouldn't be many people. We spoke about the Daphne case.” He later left, but was called back by Fenech to bring him some Maltese loaves. “I would always call Fenech before entering the home, so that Fenech could come out to speak to me if there were people with him at home. But on that occasion he told me to come in. As I was walking in, I saw through a narrow opening in the door that there was Silvio Valletta.”
12:33 Theuma however insists he isn’t sure which year the conversation took place.
12:33 Jason Azzopardi is now questioning Theuma. He says he wants to try to pin down the date when the conversation took place. He asks Theuma whether the conversation happened before or after the assassination. Theuma responds that it was after the murder.
12:32 Keith Arnaud continues asking Theuma about the recording: “You told Yorgen Fenech: ‘You could get out of this’”. Theuma tells the court what this meant: “Yorgen Fenech was never mentioned to the Degiorgios. It is I who was involved with them,” inferring that Fenech had a chance of escaping being caught for his involvement.
12:30 Theuma continues: “Yorgen Fenech used to keep pestering me (to get details on the progress of the case)... So I called Alfred Degiorgio in front of him (Fenech) to ask on the progress of the investigation”.
12:29 In the recording Theuma says: “Xieraq tieghi” in reference to the mobile which was found. Theuma clarifies to the court: “Ghax kellna mobile bejni u Alfred Degiorgio” (because Alfred and I shared a mobile phone). Theuma then tells the court: “I asked Yorgen Fenech is he was sure the mobile which was found was Cardona’s. I asked him this to check whether the mobile which was found was mine. It’s whether it was mine which I cared about.”
12:28 “You asked Fenech what he did about Cardona,” Arnaud asks, “What did you mean?”
“I asked him what he did about Cardona’s mobile,” Theuma says.
“Yorgen Fenech told me that Cardona’s mobile was found,” Theuma says, “And then I asked - ‘and what did they do with [the mobile]? Did they throw it away?’ Yorgen Fenech told me: ‘the government would collapse [jaqa’ l-gvern]. These are serious things,’” Theuma continues telling the court.
Inspector Keith Arnaud tells Theuma: “You asked [Fenech] where they found the mobile. And the reply was ‘Le, li kien jitkellem hafna mieghu’.” Theuma clarifies who “li [Cardona] kien jitkellem hafna mieghu” was: “Il-Fulu”.
12:27 Inspector Keith Arnaud now continues questioning Theuma.
12:27 Defence lawyer Marion Camilleri interjects. She reiterates that Theuma should first be asked questions by the prosecution, and then given the chance to listen the recordings. The court takes note of the objection.
12:17 The court however says it cannot understand the defence’s objection on this matter, and that it will continue listening to recordings according to the normal procedure. The witness will now first listen to the recording, after which he will be questioned according to the transcripts of the recording. This is being done because the recordings are not always clear. Therefore questions posed by the prosecution to Theuma will not be based solely on the audio of the recordings but also on the transcripts.
12:14 Court takes note of the fact that the defence raised a point that, although the particular recording had already been played during a previous sitting in February, Theuma made no reference to “350” but only referred to the “350” today because he could see the new transcript of the recording.
12:12 This particular recording which was heard in court today was already heard in a previous sitting and Theuma had in fact already given testimony on it.
12:12 Magistrate Rachel Montebello remarks: "So this means it's better that he has the transcript now."
12:11 Defence lawyer Gianluca Caruana Curran says that in a previous sitting the "350" was never brought up when the same recording was played. It was brought up now because Theuma could now read the transcript.
12:10 In the recording, Theuma asks Yorgen Fenech whether it was Keith Schembri who told him Cardona's mobile phone had been found under the water.
12:10 Theuma clarifies the "350" payment was for committing the Caruana Galizia murder.
12:09 Theuma says Yorgen Fenech had told him Chris Cardona's mobile had been found in the sea.
12:09 Theuma tells the court: "Johann Cremona told me the Degiorgio brothers got 350." He didn't tell him who paid the money.
12:08 Arnaud now asks about a section of the recording in which Theuma tells Fenech: "If they were going to ask for the mobile, they'd have found it." Theuma says this is about a mobile shared with Alfred Degiorgio.
12:07 The court asks Theuma if Fenech had answered the question on whether he could fix things. Theuma says Fenech didn't give an answer.
12:06 Theuma tells the court that he was asking Fenech whether, if they get caught, Fenech could somehow fix the situation.
12:06 Theuma says about the recording: "I asked Fenech, aren't you scared we'll end up in shit? Fenech responded - what can you do."
12:06 Inspector Keith Arnaud is cross-examining Melvin Theuma.
12:05 Theuma says it was recorded in 2018 or 2019, but he cannot say for certain which year.
12:05 He tells the court what was being discussed: "[Fenech] was saying I was making too big a deal out of it (unclear as to what)... at the time nothing was being heard [about the murder]... things had calmed down."
12:04 The recording finishes. Theuma says it was recorded in Fenech's Żebbuġ ranch. He doesn't know the date it was recorded.
11:57 It is hard to make out the words being said in the muffled recording.
11:56 One of the persons speaking, Theuma tells the court, was Yorgen Fenech’s wife. He asks to hear that segment of the recording again.
11:55 The court starts hearing the recording. Theuma is heard speaking to a man. It is unclear what they are saying due to the volume of the recording. A young child's voice is heard at one point in the recording, as is a dog barking
11:55 Melvin Theuma has now entered the court room. He takes the witness stand. He will be giving testimony about a particular recording. The court has ordered that Theuma be given a transcript of the recording.
11:44 Discussions of an administrative nature regarding the transcripts and their matching files continues.
11:39 Defence lawyer Gianluca Caruana Curran is objecting to the fact that the witness, Melvin Theuma, should have access to transcripts before giving testimony about the particular section of recording. But the magistrate says the court had already ordered that Theuma be given access to transcripts.
11:36 The discussion centres around whether they will play a recording which they had already played in a previous sitting but on which there are some discrepancies in the transcript.
11:35 Inspector Keith Arnaud, lawyer Jason Azzopardi and the magistrate are discussing discrepancies found in the transcripts. Azzopardi says he and Arnaud found substantial discrepancies during the five-minute break during which they continued to go through the transcripts. They are now discussing which part of the recordings they will be playing in court.
11:32 Magistrate Rachel Montebello has re-entered the court room.
11:31 Melvin Theuma, the middleman in the Caruana Galizia assassination plot who was given a presidential pardon to tell all, is waiting outside the court room.
11:25 Lawyer Charles Mercieca, who controversially joined the defence team earlier this month after leaving the AG's office, is now in the court room and speaking to the other defence lawyers.
11:25 The court is now in recess for five minutes following a request by Jason Azzopardi for a short break period during which the further organisation of transcripts can continue without taking up the magistrate's time. Azzopardi and inspector Keith Arnaud are now discussing the transcripts between themselves.
11.16 As the time-consuming task continues, Fenech sits calmly, occasionally putting his head down and closing his eyes.
10:52 The magistrate is still discussing with the parties the matching of transcripts with audio file labels. The task is taking some time due to the fact that the transcripts are copious.
10:47 Just a quick reminder that we are in court for the continuation of the compilation of evidence against murder suspect Yorgen Fenech. The businessman is charged with masterminding the assassination of Daphne Caruana Galizia. The court is expected to continue hearing the testimony of pardoned middleman Melvin Theuma and listen to recordings of conversations he had with Fenech.
10:36 Discussions are still ongoing between the lawyers and the court in terms of the administrative task of matching transcripts with audio file labels.
10:29 The magistrate is still discussing the transcripts with inspector Keith Arnaud.
10:26 "These are the discrepancies I have found. Obviously, I cannot exclude that there aren't others. So, we'll need to go over these," Azzopardi says. Magistrate Rachel Montebello says that it could be possible to re-listen to the segments of recordings where there are discrepancies.
10:24 Lawyer Jason Azzopardi interjects. He says he has already found a discrepancy in the transcripts he has just been given compared to what was heard in previous recordings. Azzopardi says that in a particular instance in the transcripts, a certain word which was audible in the recording is represented only by three dots (...) in the transcript. He also mentions other instances of discrepancies.
10:23 The recordings were made by Melvin Theuma, the person who served as middleman between Yorgen Fenech and the three men who carried out the bombing that killed Daphne Caruana Galizia. Theuma was granted a presidential pardon to tell all. The recordings are of conversations Theuma had with Fenech.
10:22 Prosecuting inspector Keith Arnaud is discussing with the magistrate in open court regarding which recording will be played in today.
10:21 The two women step down from the stand.
10:20 Copies of the transcripts are also given to the defence lawyers, the parte civile lawyer and the prosecuting inspectors.
10:19 Two women who were appointed by the court with doing transcripts of recordings made by pardoned middleman Melvin Theuma take the witness stand. They say that of 128 audio files, a certain portion were empty. They present copies of the transcripts to the court.
10:15 Security is tight, with police officers and CCF guards both inside and outside the court room.
10:15 Magistrate Rachel Montebello has entered the court room.
10:14 Defence lawyers Marion Camilleri and Gianluca Caruana Curran are in the court room. Lawyer Jason Azzopardi, who is appearing parte civile for the Caruana Galizia family, is also here.
10:04 This is the first sitting since COVID-19 restrictions closed the law courts and thus postponing the continuation of the compilation of evidence.
10:04 Fenech is sitting quietly, his arms crossed and wearing a mask.
10:03 Yorgen Fenech has now entered the court room. Daphne Caruana Galizia's family members are also here.