Leslie Cuschieri, the lawyer representing George Degiorgio, has argued that the investigation into the murder of Carmel Chircop was riddled with shortcuts.

Cuschieri was defending his client George Degiorgio in the trial by jury of four men charged with the murder of Daphne Caruana Galizia and Carmel Chircop. George Degiorgio already pleaded guilty to his role in the Daphne Caruana Galizia murder, and sentenced to 40 years in jail. In this case, he is being charged with murdering Carmel Chircop. 

The other accused are Robert and Adrian Agius, and Jamie Vella.

Vella and Robert Agius are accused of complicity in the murder of journalist Daphne Caruana Galizia by supplying the bomb that killed her in October 2017. Adrian Agius is charged with commissioning the murder of lawyer Carmel Chircop in 2015. Prosecutors insist that the hit was also carried out in complicity with Jamie Vella and George Degiorgio, who are accused of executing Chircop's murder.   

All four accused deny the charges against them.

Addressing the court on Tuesday, Cuschieri told jurors the police focused almost exclusively on the door and ramp at Triq John Borg and a limited number of vehicles. This narrow scope meant that crucial possibilities were overlooked, such as the chance that the person who killed Chircop arrived at the Birkirkara garage on foot, or that other vehicles may have entered the complex earlier in the day.

Cuschieri argued these investigative shortcuts were made to prematurely narrow down suspects. Both chief investigator Keith Arnaud and court-appointed expert Martina Bajada, who downloaded the CCTV footage, testified with what Cuschieri described as a predetermined belief that the perpetrators were inside the Toyota Ractis car seen leaving the scene.

"But what about the man walking his dog in the footage around the time of the shooting? He was never questioned," Cuschieri said. "And another man wearing white was seen just before Chircop's body was discovered. He too was ignored."

Cuschieri also questioned the validity of the testimony of Vince Muscat, who first began cooperating with the police in 2018, but his request for a presidential pardon was initially denied due to a lack of substantial evidence, with much of it based on hearsay. He resumed speaking with the police in 2020. During court testimony, lead investigator Keith Arnaud expressed full confidence in Muscat, listing key details provided by him that helped identify the alleged murderers. Defence lawyer Leslie Cuschieri read through this list and acknowledged the facts as accurate.

However, he raised concerns about Muscat's credibility. "Is there anyone in the world who has never lied or distorted the truth, even slightly?" Cuschieri asked. He argued that Muscat had altered parts of his narrative to suit his own interests. According to the defence, Muscat carefully prepared his testimony in coordination with Arnaud and held extensive consultations with his lawyer before giving evidence.

"We all know Muscat was involved in killing Carmel Chircop. Maybe Muscat went alone but decided to take the others down instead. We will never know," Cuschieri said.

Muscat, known as il-Koħħu, is serving a 15-year sentence for his part in the murder of journalist Daphne Caruana Galizia, after reaching a plea deal with the Attorney General.

Cuschieri told jurors that Vince Muscat sat in the backseat and was paid €20,000 "for doing nothing" - a detail that immediately raises questions. "You realise straight away that some things don't add up," he continued.

To lend credibility to his account, Muscat embellished aspects of the story, the lawyer suggested. For instance, he pointed out that the boat "Maya" was registered under Alfred Degiorgio, not George Degiorgio, as Muscat had claimed.

"Who do you think you're fooling, Vince Muscat?" Cuschieri repeated rhetorically.

Cuschieri said that medical experts concluded that shots were fired from a 2m distance, yet, according to the same narrative, the alleged shooter missed twice. "How do you miss from such close proximity?" Cuschieri asked. "Doesn't that suggest that the shooter might not have been inside a car, but rather walking or standing nearby?"

Cuschieri questioned the alleged involvement of George Degiorgio and said that there is no evidence that Degiorgio knew Chircop. "There is no vendetta, no proven payment, and no relationship between them." He also said that the AG failed to produce any concrete evidence that implicates Degiorgio.

Ismael Psaila then brought his arguments forward for his client, Jamie Vella. 

He told jurors to ignore arguments made outside of the courtroom. He said that the fact that four men are accused means nothing. "Do not let these visions influence your judgement, but you must only consider the facts presented."

He asked why Vince Muscat's version changed a number of times. "Why did Muscat choose not to answer some questions? We know that you jorors are exhausted and have families that you wish to get back to, but do not take this decision lightly."

He said that Vince Muscat had been referred to as a "notorious" individual, already known to the police.

Psaila questioned Muscat's reliability. He spoke of inconsistencies, asking why Muscat had requested access to transcripts of his earlier testimony before taking the stand again.

Psaila said that Vince Muscat named Jamie Vella when it suited him, but when it didn't he said he didn't remember. He said that nothing resulted from the mobile phones sent to Europol.

He referred to the fear Muscat said he felt for the Maksar brothers. He said that Muscat took €20,000 in 2016 just to ride as a passenger, "out of fear right?"

He said Muscat kept going to the potato shed in Marsa, and asked jurors if this constitutes fear.

"We should be scared of you Mr Muscat," he said. "You are manipulating the justice system."

 Whoever is scared keeps proof against the persons like Theuma did, he said. He said there is no evidence to corroborate Muscat's statements against Vella.

Today's sitting concludes.