The Malta Independent 24 April 2024, Wednesday
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Yorgen Fenech compilation of evidence: After legal wrangling, sitting held behind closed doors

Tuesday, 6 October 2020, 10:03 Last update: about 5 years ago

Most of today's sitting in the compilation of evidence against the man alleged to have masterminded the Daphne Caruana Galizia murder, Yorgen Fenech, was held behind closed doors.

The reason for this is that the court was hearing statements to the police by people they interrogated in the course of their investigations.

During the previous sitting, Yorgen Fenech’s defence team claimed that the “true masterminds” in Daphne Caruana Galizia’s murder are still running around outside.

The evidence against Fenech primarily rests on the testimony of Melvin Theuma, the middleman in the murder. Theuma, who had secretly recorded various conversations between himself, Fenech and others, was given a presidential pardon to tell all last year.

Magistrate Rachel Montebello is hearing the compilation of evidence against Fenech.

The defence lawyers are Marion Camilleri, Gianluca Caruana Curran and Charles Mercieca.

The prosecution is being led by inspectors Keith Arnaud and Kurt Zahra, assisted by the Attorney General.

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13:27 We are informed that the sitting has ended after the rest of the testimony continued behind closed doors. The next sitting will now be held on 21 October at 10am.

13:15 Testimony is still being heard behind closed doors. As Inspector Keith Arnaud exits and re-enters the courtroom, he is heard saying they should finish in “maybe half an hour”. 

11:44 It’s been a while now and journalists and members of the public are still outside. Members of the defence team have been leaving and entering the courtroom. Meanwhile, the remaining statements have been delivered. 

11:12 Journalists are asked to leave the courtroom so that the privacy of individuals in the statements is respected. 

11:00 Arnaud re-enters the courtroom and confirms that the copies will be brought now.

10:59 The magistrate says that while the court expected these statements to be brought on time, one must also be practical. The magistrate asks Arnaud to make a call to ask for these copies to be brought immediately. Arnaud leaves the courtroom to make the call. 

10:57 Defence lawyer Charles Mercieca jumps in again: “The inspector knew he needed to bring these statements and didn't - if there were one or two that he forgot it would be understandable, but four statements involving major players is another matter.”

10:56 The inspector informs the court that the statements for Melvin Theuma, Edgar Brincat, Kenneth Camilleri and Logan Wood will be presented at a later stage.

10:55 Another four DVDs contain the statements given by Adrian Vella. There are three DVDs with Schembri’s statements – one is dated 26 November, and two are dated 28 November. 

10:53 Arnaud now presents CDs with statements taken by the police from several people. Arnaud says that for Johann Cremona six statements are being exhibited. 

10:46 Defence lawyer Gianluca Caruana Curran argues that Arnaud was present when objects were taken. However, Arnaud insists there was a forensic team that took photos and passed them on for analysis. 

10:44 Arnaud says that when the inquiry report is published there will not only be objects but photos of each item. 

10:43 Arnaud is clarifying: “When my colleague asked exactly what was being investigated, I gave him a list of every object evaluated and taken from Edgar Brincat. Where an object was taken by police from a place, we always produced a receipt. In this case, it was the court experts who handled these objects, and that's why we don't have receipts.” 

10:41 The magistrate and Mercieca are going at each other now. “We don't use this courtroom to make certain statements in the media. Make a request, not unnecessary comments,” the magistrate says. 

10:39 Mercieca: “The prosecution is saying it doesn't know where the receipts are.”

10:38 Receipts related to objects confiscated from individuals will be exhibited when court experts conclude their work. Fenech’s defence lawyer Charles Mercieca jumps in: “I can't understand how, especially Keith Arnaud, doesn't have receipts of objects investigated by him.”

10:34 Arnaud exhibits the statements from former OPM chief of staff Keith Schembri, former police commissioner Lawrence Cutajar, Edgar Brincat (also known as Edwin il-Ġojja), pardoned middleman Melvin Theuma, Yorgen Fenech’s yacht captain Logan Wood, and Dr Adrian Vella, the personal doctor of Fenech and Schembri.

10:26 The magistrate asks for receipts and statements from the prosecution. Inspector Keith Arnaud explains that he has the statements but the receipts will be exhibited in court at a later stage.

10:25 Magistrate Rachel Montebello enters the courtroom. Montebello says that although the court ordered a larger courtroom to accommodate the interested parties in this case, the administration of the court has failed to provide this. As a result, social distancing cannot be maintained, making this a major health risk for everyone present. However, she says the court cannot just cancel a scheduled sitting for these reasons. 

10:15 Yorgen Fenech enters the courtroom. Security remove his cuffs. Fenech is flanked by correctional services officers. He chats with his defence team.

10:09 Yorgen Fenech’s defence team and the prosecution are inside. 

10:07 The courtroom is slowly filling up. It's quite a small courtroom, with not enough chairs for journalists. 

10:04 We are back in court waiting for the compilation of evidence against Yorgen Fenech to start. 

10:02 Good morning. 

 

 

 

 

 

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