A court has ruled that the police should not investigate Melvin Theuma for perjury as the evidence in the Daphne Caruana Galizia murder case are not yet concluded, even if a number of inconsistencies are “quite suspicious”.
Madam Justice Audrey Demicoli rejected the appeal filed by Yorgen Fenech, who is accused of being a mastermind in the journalist’s assassination. Fenech challenged the Police Commissioner to investigate Theuma, the self-confessed middleman in the murder of the journalist, for perjury and taking a false oath.
Last year, a Magistrates’ Court had turned down Fenech’s bid to force the police to investigate Theuma over allegedly false statements he gave throughout the proceedings against Fenech.
Theuma has been granted a presidential pardon in exchange for his testimony about the journalist’s 2017 murder. He has given evidence against Fenech as well as others allegedly involved in the assassination plot.
Fenech’s lawyers argue that Theuma’s testimony is full of “half-truths” and “blatant lies”, urging the court to instruct the police to investigate the middleman.
Theuma’s lawyers had responded by filing challenge proceedings calling upon police authorities to prosecute Fenech for making calumnious accusations against their client.
In her judgment, Madam Justice Demicoli said that the court understood the Police Commissioner’s position not to investigate Theuma at a time when the murder case was still ongoing.
Extracts of testimonies cited by Fenech’s lawyers made it look “quite suspicious” that Theuma’s sworn testimony at the magisterial inquiry was not the same as the evidence produced at the compilation of evidence.
While “it is true that there is a possibility that Melvin Theuma took a false oath before the inquiring magistrate,” it would not be wise for the police to prosecute Theuma based on evidence that is not yet conclusive, the judge ruled.
The Police Commissioner was justified in not pressing criminal charges against Theuma at this stage, the judge ruled, turning down Fenech’s appeal.