The court has acquitted Keith Schembri, Yorgen Fenech and three former government officials in the criminal proceedings tied to the phantom job allegedly given to state witness Melvin Theuma.

The ruling was delivered on Wednesday morning, which found that Theuma's testimony could not stand after he repeatedly refused to be cross-examined.

The charges had centred on a no-show government post that Theuma claimed he was handed months before he became involved in the Daphne Caruana Galizia murder plot. According to his earlier statements, he received monthly paycheques but never performed any duties, and was later summoned for a meeting with Schembri at Castille.

Those allegations prompted theft and misappropriation charges against Schembri, former OPM customer care chief Sandro Craus, Fenech, former family ministry private secretary Anthony Mario Ellul, and Anthony Muscat, at the time a CEO of a government entity. All five denied wrongdoing.

The prosecution's case collapsed when Theuma refused to face cross-examination, despite a court warning. In October 2024, the magistrate ruled that his testimony was inadmissible, noting that the witness was breaching fundamental legal principles by refusing to submit to questioning from the defence. Theuma had claimed he risked self-incrimination and uncertainty persisted over whether his presidential pardon in the Caruana Galizia case covered this separate set of allegations.

Although Theuma later submitted a note saying he was prepared to be cross-examined after all, the court rejected the request, maintaining its earlier ruling. With his evidence removed in its entirety, the case could no longer proceed, leading to Wednesday's acquittals.

Following the judgment, prosecutors informed the court that they will be filing an appeal.

Inspectors Nicholas Vella and Brian Paul Camilleri are leading the prosecution. Schembri is represented by lawyers Edward Gatt and Mark Vassallo. Fenech is assisted by lawyers Charles Mercieca and Gianluca Caruana Curran. Ellul is represented by lawyers Vince Micallef, Jacob Portelli and Ryan Ellul. Muscat is assisted by lawyer Stefano Filletti, while Craus is represented by lawyers Michael Sciriha, Lucio Sciriha and Roberto Spiteri. Theuma is represented by lawyers Matthew Brincat and Kathleen Calleja Grima.