The Malta Independent 25 April 2024, Thursday
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Lawyer warns adverse media coverage will harm prosecution case in Maksar, Caruana Galizia trials

Wednesday, 5 May 2021, 08:12 Last update: about 4 years ago

A cache of registered, legal weapons and large amounts of cash were found at the home of Robert Agius, one of the Maksar brothers, the court hearing the compilation of evidence heard on Wednesday.

A procession of police witnesses testified as the compilation of evidence against the men accused of the murder of lawyer Carmel Chircop and supplying the bomb which killed Daphne Caruana Galizia continued before Magistrate Caroline Farrugia Frendo.

Brothers Adrian and Robert Agius, known as Tal-Maksar, and their associates Jamie Vella and George Degiorgio stand charged with involvement in the murders of lawyer Carmel Chircop and of Daphne Caruana Galizia.

Robert Agius and Jamie Vella are charged with supplying the bomb that killed Daphne Caruana Galizia in October 2017.

Officers gave detailed accounts of how the Agius brothers and Vella were arrested and gave details of the subsequent searches of their vehicles and houses. Mobile phones, SIM cards, starter packs, large amounts of cash and, in Robert Agius' case, a Luger revolver and ammunition, registered to his partner.

Other police officers described the scene of devastation following the explosion which took the life of Daphne Caruana Galizia.

Lawyer William Cuschieri complained about the fact that his client was being made to sit through the same evidence heard in the Caruana Galizia murder compilation, adding that the adverse media coverage will harm the prosecution case when both cases come before a jury.

The case continues on May 11.

Magistrate Caroline Farrugia Frendo is presiding.

Lawyers Alfred Abela and Rene Darmanin are defence counsel to the Agius brothers. Lawyer William Cuschieri is appearing for George Degiorgio.

Lawyer George Camilleri is representing the Attorney General in the proceedings, while Superintendent Keith Arnaud and Inspectors Shawn Pawney and Wayne Camilleri are prosecuting.

 

11:49 Abela asks the court about an application he had filed, which has yet to be decreed. The court says it is working on it. There is no indication as to the subject of the application.

11:49 The sitting is now over; the next sitting will be 11 May.

11:47 Arnaud says that in the next sitting, nine witnesses have been summoned.

11:47 Alfred Abela asks what civilian witnesses remain regarding the Chircop murder.

11:46 Arnaud says that he has no more witnesses to summon today.

11:45 Another police officer, also from the Mosta police station, now takes the stand. He was one of the first officers on the scene.

11:42 The witness confirms some documents shown to her and says she has nothing more to add.

11:42 Shortly afterwards, high-ranking police officers, amongst them then Commissioner of Police and Assistant Commissioner Silvio Valletta, came to the scene.

11:41 The officer said the car's roof was domed due to the explosion, which made her think that it was no ordinary fire.

11:39 As an officer from the Mosta police station testifies about the murder of Caruana Galizia, the accused whisper something into their lawyer Alfred Abela's ear.

11:36 He gives an account of the victim's son accusing a man who he thought was taking photographs of the scene. The situation escalated but was quickly controlled, he says.

11:35 He then found Matthew Caruana Galizia, who told him that his mother was in the car.

11:34 He found the car on fire in a field and debris and human remains scattered in the area.

11:34 Together with two officers, he had gone to investigate the report of an explosion of a vehicle.

11:33 Another Police Constable who had been stationed at Mosta at the time takes the stand. He will testify about the murder of Caruana Galizia.

11:32 He was an orderly at the time. He had been asked to print a report for his colleague. "I noticed that the report was about a murder which occurred at Birkirkara recently." He had updated the report to reflect this fact. A sergeant had told Arnaud that nobody had seen the report, he explains.

11:28 The prosecutor shows him a document which the witness is now reading.

11:27 Another Police Constable takes the stand next. He was stationed at Valletta in 2015.

11:25 He is shown a report on the finding of the body, which he recognises as having updated.

11:23 The keys were later returned to the son, he says.

11:22 Police sergeant Kevin Grima from Birkirkara takes the stand next. He had been present when the victim's son had passed on several sets of keys to garages and cars to the police.

11:19 The garage door lock appeared to have been shot off, she says. The man's body was half inside the garage.

11:19 A female Police Constable takes the stand next. She was stationed at Birkirkara on 8 October 2015. She had gone to Rampol Buildings together with another officer and found the body of Carmel Chircop.

11:17 The constable steps off the stand.

11:16 The witness recognises the accused in the courtroom.

11:16 After arresting Adrian Agius, they had gone to Corradino Prison and executed an arrest warrant on George Degiorgio.

11:15 He had photographed several items found in the vehicle of Adrian Agius. These included a nautical licence issued to a third party, he says.

11:13 He gives his account of the search for the Agius brothers.

11:12 Another Police Constable takes the stand next. He is from the Homicide Squad within the Major Crimes Unit.

11:11 Agius' house search recovered bank cards, electronics, phones, starter packs, top-ups, and a safe inside a wardrobe.

11:08 The officer is giving an account of the arrest of Adrian Agius and the subsequent sealing of the car.

11:03 He was involved in the arrest of George Degiorgio and Alfred Degiorgio, he says. He also assisted in the arrest of Adrian Agius. He had found Agius next to a grey SEAT Leon being spoken to by other officers, he says. He had read him his rights.

11:01 He had met with Matthew Caruana Galizia to ask about the car. He had made use of the car whilst his parents were in another vehicle, says the officer.

10:59 Another police officer takes the stand. He was ordered to carry out inquiries on CCTV cameras in Bidnija over the Caruana Galizia murder.

10:59 In a wardrobe, there was a safe containing a Luger revolver with six rounds inside it. Loose rounds of .38 special were also found.

10:56 He was arrested. During the subsequent search of his residence, Robert Agius' passport was found along with bank cards in his bedside table.

10:55 He testifies that Robert Agius had been spotted driving and was then seen stopping before talking to someone else, who turned out to be his brother Adrian.

10:53 A Police Constable from the Major Crimes Unit takes the stand.

10:52 Magistrate Caroline Farrugia Frendo enters the courtroom, and the sitting begins.

10:41 Lawyer warns adverse media coverage will harm prosecution case in the Maksar and Caruana Galizia trials.

10:22 The court orders the public out and says it will be taking a break now.

10:21 A money counter machine under which some €25,000 were found was recovered from Agius' residence garage, says the witness.

10:19 Jason Azzopardi walks around to the prosecution's bench and whispers something in the inspector's ear.

10:18 They were all registered under a Therese Agius, he says.

10:17 Curmi testifies to having found a large safe where Robert Agius kept his weapons. When it was opened, the police found the weapons to all be unloaded, as they should be.

10:08 Curmi gives his account of the arrest of Robert Agius. It is identical to that provided by the previous witness.

10:08 Police Sergeant Kevin Curmi from the Major Crimes Unit takes the stand next.

10:07 Fleri steps off the stand.

10:07 The vehicles were sealed in the accused's presence and placed on a low loader, and taken to the Police Headquarters in Floriana.

10:06 €50,000 cash was found in the Mercedes. Under the driver's seat of the SEAT Leon, there was also a packet of suspected drugs, Fleri says.

10:04 The police proceeded to arrest the men.

10:04 Fleri had gone to Bahrija and spotted a Mercedes SUV on its way to Bahrija. When it stopped in a layby, they noticed Robert Agius behind the wheel. A SEAT Leon was also parked next to it, and inside was Adrian Agius speaking to his brother.

10:03 In February this year, he was handed the search and arrest warrants about the accused. He had divided his men into three teams and tasked them with apprehending one accused each.

10:02 Superintendent Fabian Fleri from the Major Crimes unit takes the stand next.

09:59 Cuschieri warns the prosecution that it is causing a problem for itself when the jury starts, as this is all adverse media coverage.

09:58 Lawyer George Camilleri from the AG says that the prosecution is obliged to present every piece of evidence about the accused in the proceedings against him in the compilation of evidence stage.

09:58 Degiorgio argues that he has an objection to having to hear the evidence in the murder of Caruana Galizia even in these proceedings. He reserves the right to take legal action in this reply.

09:57 Reminder: Degiorgio is not accused at this stage in this proceedings with the murder of Caruana Galizia, but only that of Chircop. He is separately accused of the murder of Caruana Galizia, and the Bill of Indictment has been issued. He is awaiting a judgment at appeal about preliminary pleas.

09:54 Cuschieri's client, George Degiorgio, has an objection to hearing the same evidence already exhibited in other proceedings.

09:53 Lawyer William Cuschieri stands up.

09:52 The court orders the prosecution to give a copy of the exhibits to Agius and Vella's counsel and parte civile lawyer Jason Azzopardi by the next sitting.

09:52 The witness hands the court a copy of the documents he is referred to. The defence requests a copy too.

09:49 The Sergeant explains this took place after the murder.

09:49 In the footage, George Degiorgio can be seen piloting the Maya taken from the Grand Harbour.

09:48 Saliba had examined CCTV stills and surveillance footage of the Maya. 'The Maya' is the name of the boat where the signal to detonate the bomb came from.09:49 The Sergeant explains this took place after the murder.

09:46 Saliba now speaks about his part in the investigation into the Caruana Galizia murder.


09:45 Arnaud shows the witness a copy of a refusal of legal assistance by Adrian Agius. He identifies the accused in the courtroom.

09:43 Using a series of CCTV stills, Saliba explains the movements of the vehicle.

09:43 Police sergeant Manuel Saliba takes the stand next. He had assisted Arnaud in identifying the vehicle used in the Chircop murder. He also created a timeline of events that had been exhibited in the acts.

09:40 Upon a request by Alfred Abela, the court is banning the publication of the residential address of the Agius brothers and Vella.

09:38 The witness recognises and identifies the suspects in court.

09:37 The officer says the car was sealed and placed on a low loader.

09:37 He had subsequently been ordered to guard the suspect during the searches, he says.

09:35 A copy of the warrant for his arrest was served to him at the scene.

09:35 He was later stopped by the police and had complied with the police orders.

09:34 Before the arrest, Agius' grey Mercedes SUV was spotted driving fast, and the driver was identified as Robert Agius. Police followed him.

09:33 Another constable takes the stand. He had participated in the arrest of Robert Agius.

09:32 The officer says they were later found to be licensed.


09:30 Lawyer Alfred Abela asks a question about the weapons. Were they all licensed? Abela asks.

09:30 Agius was present during the searches, the officer says.

09:28 A few days later, Agius accompanied the police to the garage where Carmel Chircop was killed and other places related to that murder.

09:27 Robert Agius was later escorted to the Police Headquarters the same day.

09:26 External Hard Disks and a memory card were also recovered, the officer says.

09:26 A search of Agius' house recovered more mobile phones, €25,180 in cash, weapons and ammunition, as well as a printing machine used to print money.

09:24 €49,500 was also found in a paper bag, says the officer.

09:24 A sum of €200 in cash was recovered on his person, says the officer. Several sim cards mobile phones were also recovered. Agius had approximately 30 keys on his person.

09:22 Police had stopped Agius' Mercedes in Bahrija. He was cautioned as soon as he exited the vehicle. Agius was also given a copy of the two warrants against him.

09:21 A police constable is now summoned to the stand. He gives his account of the arrest of Robert Agius.

09:19 Theuma had asked to speak to Superintendent Arnaud, who at the time was an inspector, about the murder. In the meantime, the investigation in Theuma regarding money laundering allegations continued.

09:17 In December 2018, Vella was assigned to the Money Laundering Unit and had been ordered to investigate Melvin Theuma. He had arrested Theuma, who said he had information regarding the case.

09:16 Vella gives the court a timeline of his involvement in the events. He says he has already testified before a magistrate and has nothing to add.

09:14 Vella was stationed in Mosta at the time of Caruana Galizia's murder. Vella had gone to the scene and saw the burning vehicle.

09:13 Inspector Nicholas Vella takes the stand next.

09:12 Gerada says that on 4 December 2017, he had also taken part in the arrest of 10 persons over the murder of Daphne Caruana Galizia. He remembers that Adrian Agius had been among them.

09:11 Vella had been cautioned before the search. He then called his lawyer before being questioned, says Gerada.

09:09 From the entrance to the villa, five mobile phones were recovered. In the garage, a Volvo containing two passports and an ID card belonging to Vella were found. His girlfriend's passport was also found together with a GPS device.

09:07 From the main bedroom, police recovered cash in pound sterling and four Samsung mobile phones. Other items recovered were SIM cardholders and iPhones.

09:05 Gerada also assisted in the arrest of Jamie Vella. Gerada identifies Vella in the courtroom and gives the background to the arrest and search.

09:04 Sergeant Jeffrey Gerada from the Major Crime Unit now takes the stand.

09:03 The witness has finished, and there are no questions for him. He steps off the stand.

09:03 Vella was present at all times during the searches of his home, says Azzopardi.

09:02 Vella was then taken for a swab test and then taken to the police lock-up.

09:02 Cash, both local and foreign were also found in Vella's garage, Azzopardi says.

09:01 In Vella's car, photocopies of his girlfriend's passport were found. Other vehicles in the garage were searched, a Mercedes and a BMW.

09:00 He says two mobile phone boxes were found under the bed. More mobiles were found in the kitchen. The witness couldn't recall exactly how many but says, " there were eight for sure."

08:58 Police found Vella on the parapet. They asked his name and then arrested him and then started searching his home.

08:57 Azzopardi participated in the arrest of Jamie Vella, he says. Electronic devices and documents were to be collected from Vella's home in Ibraġ.

08:56 The first witness is called, police Sergeant Christian Azzopardi.

08:49 The lawyers and prosecutors stream out of the magistrates chambers and assume their usual positions in the courtroom.

08:48 The lawyers, and prosectors are in the magistrate's chambers. The accused men are still in the courtroom, under the watchful eye of armed prison guards, led by Prisons director Alexander Dalli.

08:43 We are waiting for proceedings to start.

Today's sitting is expected to see a number of witnesses testify on the 2015 murder of the Birkirkara lawyer Carmel Chircop and the 2017 assassination of journalist Daphne Caruana Galizia.

 

 

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