The evidence in the trial by jury of businessman Yorgen Fenech again centred on the testimony of lead investigator Keith Arnaud, who told jurors that middleman Melvin Theuma identified Fenech as the sole mastermind behind the assassination of journalist Daphne Caruana Galizia, while also recounting how investigators pieced together the evidence that led to his arrest.
Caruana Galizia was killed in a car bomb on 16 October, 2017. Fenech, 44, has pleaded not guilty to two principal charges: complicity in the wilful homicide of Caruana Galizia and criminal association to commit the murder.
Continuing his testimony today, Arnaud described how police interviewed Theuma six times between November 19 and 22, 2019. Arnaud said police found that Theuma's account was repeatedly corroborated by witness testimony, forensic evidence and material already in investigators' possession. Even information Theuma provided about confidential aspects of the investigation later proved to be accurate, strengthening police confidence in his credibility.
The witness told jurors that Theuma described acting as the intermediary between Fenech and the Degiorgio brothers, passing instructions and payments while never revealing who had commissioned the murder.
Arnaud testified that after the murder, Theuma regularly delivered between €2,000 and €3,000 a week to cover the Degiorgio brothers' legal fees and living expenses. As repeated bail requests were rejected, Theuma became increasingly anxious and began secretly recording conversations with Fenech.
The investigator said Theuma's psychological condition deteriorated significantly as the investigation gathered momentum. Arnaud said Theuma expressed remorse over Caruana Galizia's murder and told police he had even considered confessing everything.
According to Arnaud, recordings recovered by investigators captured an increasingly panicked Theuma seeking reassurance from Fenech, who repeatedly attempted to calm him, including by telling him he had spoken to then OPM chief of staff Keith Schembri.
However, Arnaud stressed that throughout the investigation Theuma consistently maintained there was only one mastermind behind the assassination: Yorgen Fenech.
The court also heard about a handwritten note recovered during searches at Fenech's Portomaso offices following his arrest. In the note, Theuma identified himself as the middleman in the murder and claimed he feared being eliminated.
Arnaud also explained why investigators arrested Fenech on November 20, 2019, before they had originally intended. Police had received intelligence that Fenech was preparing to flee Malta by boat, prompting immediate intervention. He said officers searched both the vessel and Fenech's offices following the arrest.
The witness described the days following the arrest, telling jurors that police presented Fenech with the evidence against him, including the audio recordings recovered during the investigation.
Arnaud said investigators eventually recommended that Theuma be granted a presidential pardon after comparing his multiple statements with recordings, witness interviews and other evidence. The pardon was granted on November 25, 2019, after which police intensified their focus on evidence extracted from Fenech's mobile phone.
A portion of Arnaud's testimony dealt with the investigation into Dr Adrian Vella and Keith Schembri.
He told jurors that Fenech allegedly asked Vella to collect documents from Schembri while Fenech was on police bail. Vella told investigators Schembri handed him a bundle of documents, which he later delivered to Fenech at Portomaso without knowing their contents.
Investigators also searched more than 150,000 images extracted from Fenech's mobile phone looking for evidence of communications involving Schembri. Although the specific screenshot they sought was never found, Arnaud said officers recovered a thumbnail image that appeared to depict the conversation, prompting Schembri's arrest.
Arnaud testified that Schembri denied any knowledge of the five-page document allegedly passed through Vella despite the doctor's account. Police also examined CCTV footage and questioned Schembri about possible information leaks from the investigation. Schembri maintained he had urged Fenech not to leave Malta and denied leaking information.
The investigator later described how media reports about a possible presidential pardon triggered preparations by Fenech to escape Malta. Investigators found that Fenech researched flights to France, discussed travelling by boat to Italy before continuing by car and instructed the boat's captain not to take any crew members to preserve secrecy. Police interpreted the activity as a clear attempt to flee the country before intercepting and arresting him on November 20, 2019.
Returning repeatedly to the central issue of the case, Arnaud told jurors that despite subsequent investigations into Schembri and other individuals, Melvin Theuma never implicated Schembri in planning or commissioning the murder. Instead, Arnaud said, Theuma consistently identified Yorgen Fenech as the sole mastermind behind Daphne Caruana Galizia's assassination, while investigators concluded that all payments to the Degiorgio brothers originated from Fenech himself.
During the afternoon session, the lead investigator testified that Theuma had become increasingly fearful as the investigation progressed and had confided in Edgar Brincat about his intention to go to the police. According to the witness, Brincat discouraged him, warning that he would become the one who "took the fall" and end up in prison. Johann Cremona similarly advised him against approaching investigators.
The court also heard that Brincat advised Theuma to ensure anyone he secretly recorded could later be identified by mentioning their names during conversations, allowing investigators to verify the speakers. Arnaud said those recordings later became an important part of the prosecution's evidence.
The prosecution also returned to the so-called "frame-up" letter allegedly passed from Keith Schembri to Yorgen Fenech through Dr Adrian Vella. Although Schembri denies authoring or transmitting the document, Arnaud read its contents to the jury, explaining that it attempted to implicate former minister Chris Cardona in the murder of Caruana Galizia.
However, Arnaud said investigators thoroughly examined the allegations involving Cardona and found no evidence to support claims that he had met Alfred Degiorgio before the arrests. Although police attempted to obtain CCTV footage from a Siġġiewi bar where such a meeting allegedly occurred, the recordings had already been overwritten by the time investigators sought them, some four months later.
The court also heard evidence concerning forensic examinations of explosive devices. Arnaud testified that investigators linked the bomb used to kill Caruana Galizia with devices employed in the attempted murders of Romeo Bone and Kevin Ellul, known as "Double-0". Police concluded that all three explosive devices shared distinctive construction characteristics.
Attention then shifted to further recordings involving Theuma. Arnaud explained that one conversation referred to former police commissioner Lawrence Cutajar, but Theuma later admitted he had exaggerated his connections to influential figures in order to impress Edgar Brincat. Theuma told investigators he mentioned Cutajar because Johann Cremona had close business ties with Fenech and he wanted to appear similarly well connected.
Another recording referred to rumours that investigators were focusing on former minister Chris Cardona and that a mobile phone recovered from the sea had been used for communications with Alfred Degiorgio. Arnaud testified that Theuma later admitted making those comments because he felt relieved that public attention appeared to be shifting away from himself.
Jurors were also shown documents connected to Daphne Caruana Galizia's reporting, including a screenshot of a February 2017 blog post concerning 17 Black. Arnaud explained that investigators examined the timing of the article after Theuma claimed Fenech feared the journalist had obtained sensitive information, prompting police to question Fenech about the issue during interrogation.
The prosecution then presented Signal messages exchanged between Theuma and Fenech in the days before Theuma's arrest. In one exchange, Fenech sought to reassure him, writing in Maltese: "Serraħ rasek, se naslu" ("Don't worry, we'll get there"). Theuma replied by warning that if his partner and children became involved, "there will be trouble."
Further messages from November 2019 showed Theuma telling Fenech he was "heartbroken" and urging him to ensure that all mobile phones had been "cleaned" to avoid detection. According to Arnaud, Theuma also repeatedly pressed Fenech to seek assistance from then police commissioner Lawrence Cutajar and inquired whether influence could be exerted over the magistrate hearing the Degiorgio brothers' bail requests, which ultimately continued to be refused.
The jury was also shown the ice cream container that Theuma was carrying when police arrested him. One by one, Arnaud removed its contents, presenting sealed evidence bags containing several USB drives that have featured prominently throughout the proceedings.
As proceedings drew to a close, Arnaud outlined the conditions attached to the presidential pardon granted to Theuma on November 25, 2019. The pardon required Theuma to disclose his own role in the murder, identify the mastermind, explain every financial transaction connected to the assassination and reveal those who financed or paid for the crime.
Arnaud said the pardon was deliberately drafted to ensure investigators could uncover every aspect of the conspiracy. It also granted Theuma immunity for a number of offences allegedly committed before that date, including money laundering and illegal betting, while requiring him to provide information relating to the 2010 HSBC robbery and the Casino di Venezia investigation.
The court adjourned shortly after 6pm and is due to resume on Monday morning, when Arnaud will continue giving evidence before the jury.
A minute-by minute account of today's proceedings may be found here