Jurors in the trial of businessman Yorgen Fenech yesterday heard the prosecution continue building its case through the testimony of lead investigator Assistant Commissioner Keith Arnaud, who presented further evidence recovered from Fenech's mobile phone, recordings made by state witness Melvin Theuma and messages exchanged with former OPM chief of staff Keith Schembri and others in the days leading up to Fenech's arrest.

Throughout the morning and early afternoon, the prosecution sought to reinforce its argument that Fenech's own communications contradicted the version of events he later gave to police. Arnaud guided jurors through conversations that prosecutors say reveal preparations to leave Malta, discussions about presidential pardons, concerns over the progress of the investigation and contact with then OPM chief of staff Keith Schembri during the crucial days before Fenech's arrest in November 2019.

The latter part of the sitting marked a notable shift in the proceedings as the defence began its cross-examination of the lead investigator. Defence lawyer Gianella de Marco questioned Arnaud extensively about aspects of the police investigation that, she argued, were either overlooked or insufficiently pursued. Her questions focused on alternative investigative avenues, including previous police surveillance of the Degiorgio brothers, whether sufficient attention had been given to public reporting involving Keith Schembri and former minister Chris Cardona, as well as the meetings investigators held at Castille.

At one point, Madam Justice Edwina Grima upheld a defence objection preventing the prosecution from presenting evidence relating to phone location data because it had not been formally exhibited in the acts of the case.

Prosecution continues presenting evidence

Resuming his testimony, which had started Friday and continued Saturday, Arnaud explained that after Yorgen Fenech's arrest in November 2019 investigators quickly extracted data from his iPhone, with one of the first significant discoveries being conversations with a contact saved as "Uncle Ray".

Jurors were shown messages exchanged on the eve of Fenech's arrest after publication of media reports about developments in the investigation.

According to Arnaud, the conversations showed Fenech discussing legal representation with lawyer Gianella de Marco while "Uncle Ray" urged him to move somewhere safe "while there's still time". Fenech replied that he wanted to consult his lawyer before leaving Malta.

The court also heard that investigators recovered messages relating to private flights from Malta to Nice, with one contact providing various charter options costing around €13,000.

Arnaud continued reading further conversations between Fenech and "Uncle Ray", in which the pair discussed the possibility of leaving Malta either by air or by boat.

When "Uncle Ray" suggested checking whether the airport was safe and possibly using the VIP terminal, Fenech replied that he preferred leaving by boat because he did not trust the airport.

The exchanges became increasingly personal, with Fenech asking his contact to look after his children and family.

Arnaud told jurors another message referred to "K", whom investigators identified as Keith Schembri.

According to the witness, "Uncle Ray" said he had spoken to Schembri, while Fenech replied that nothing would happen that day but nevertheless urged caution.

The court also heard that while waiting at Portomaso Marina, Fenech messaged that journalists from Times of Malta were present.

When told someone had tipped off the newspaper, Fenech said another journalist had informed him about discussions inside the newsroom.

Arnaud then presented conversations between Fenech and his brother Franco on the morning of November 20, 2019.

Those exchanges, the jury heard, centred on plans to leave Malta.

Fenech insisted on speaking to Gianella de Marco before departing, while his brother repeatedly urged him to leave immediately and suggested he could consult his lawyer from abroad.

The messages discussed travelling by boat to Sicily before continuing to Paris.

Further messages showed discussions about cash, including references to €20,000 Fenech said he had with him, arrangements for a boat captain identified as Logan, and instructions to seek advice from another family contact.

The court then examined conversations between Fenech and "Logan Riva", whom investigators believed was preparing the vessel.

According to Arnaud, Logan warned Fenech not to approach because photographers were present near the marina.

Fenech nevertheless insisted that "nothing will happen", instructed Logan to say the boat was under maintenance if questioned and indicated he expected to be offshore the following day.

Another exchange revealed Fenech asking an acquaintance to rent him accommodation for two weeks, insisting on privacy and offering to pay cash.

Arnaud then turned to the police interviews conducted with Fenech after his arrest.

The investigator said Fenech insisted he had never intended to flee Malta despite the communications recovered from his devices.

Arnaud also outlined Fenech's explanation regarding payments made to Melvin Theuma.

According to the witness, Fenech admitted passing €50,000 initially and around €450,000 overall, figures that corresponded with Theuma's own account, but denied the money had financed Daphne Caruana Galizia's murder.

Instead, Arnaud said Fenech claimed Keith Schembri had complained in late 2016 about Caruana Galizia's reporting and had instructed him to "find someone".

Arnaud testified that investigators found Fenech's explanation inconsistent with other evidence.

He said Fenech declined to explain a separate €120,000 payment despite promising police he would address it later.

The prosecution then presented numerous recordings secretly made by Melvin Theuma.

According to Arnaud, these conversations contradicted Fenech's explanation that the initial €50,000 payment had been intended to prevent the murder.

Instead, jurors heard recordings in which Fenech allegedly stated: "I messed it up... there's nothing you can do now," and "Let's not drag more people into the net."

Arnaud testified that the recordings also showed Fenech giving Theuma money to take a holiday and calm down, instructing him to destroy evidence and dispose of his SIM card.

The recordings also referred to continued financial assistance for the Degiorgio brothers after the murder.

According to Arnaud, Fenech was heard saying he intended to continue helping them while warning against making mistakes that would involve more people.

The witness further described conversations in which Theuma reassured Fenech that the hitmen did not know about his alleged involvement and promised he had never mentioned him.

According to Arnaud, Theuma referred to a €150,000 payment while discussing growing concerns that authorities were approaching the truth.

In another conversation, Fenech allegedly complained that Keith Schembri had failed to help him sufficiently despite repeated requests.

Arnaud also referred to recordings in which Fenech claimed Schembri had shared details of statements given by Vince Muscat to police.

The witness said Fenech expressed frustration that he now carried the burden alone.

Turning to Fenech's police statements, Arnaud testified that Fenech alleged then Prime Minister Joseph Muscat had privately summoned him to Castille, asked whether he trusted Theuma and reassured him that Theuma would soon be arrested.

Arnaud said investigators examined those claims by reviewing recovered messages between Muscat and Fenech.

Jurors were shown messages arranging meetings between the two men.

However, Arnaud testified that Muscat denied leaking investigative information or holding secret meetings connected to the murder inquiry.

At this stage defence lawyers objected to the prosecution introducing evidence based on location data extracted from Fenech's phone.

Following legal arguments, Madam Justice Edwina Grima ruled that because the material had not been formally exhibited in the acts of the case, Arnaud could not testify about it before the jury.

After the afternoon sitting resumed, Arnaud described meetings held at Castille concerning requests for presidential pardons for Melvin Theuma and later Vince Muscat.

He testified that police themselves requested these meetings because decisions on presidential pardons lay beyond the police commissioner's authority.

According to Arnaud, the first meeting did not identify suspects, while names were disclosed during a later meeting after investigators had progressed further.

He stressed that arrest dates were never discussed because operational planning remained confidential.

Arnaud also described continuing cooperation with Europol throughout the investigation.

The witness later presented further Signal messages recovered from Fenech's phone, including exchanges discussing whether he should leave Malta, references to consulting Gianella de Marco and conversations concerning a draft agreement relating to Theuma's presidential pardon.

According to Arnaud, Keith Schembri acknowledged discussing the draft agreement with Fenech during police questioning.

Jurors were also shown exchanges between Fenech and a former official working in Keith Schembri's office.

The court imposed a ban on publishing the official's identity.

According to Arnaud, the messages showed Fenech saying he intended to leave because authorities were "going to pin everything" on him.

The official later messaged that Schembri needed to speak with him and expressed willingness to help.

Fenech also wrote that he had not slept and intended travelling to Sicily because he believed he had no alternative.

Defence begins cross-examination

The defence began its cross-examination by questioning Arnaud about earlier investigations into bombings and drive-by shootings before Daphne Caruana Galizia's murder.

Arnaud confirmed investigators had examined around six bombings and several shootings and acknowledged that the Degiorgio brothers had featured as persons of interest in some investigations, although he declined to elaborate because of other pending cases.

He also confirmed that the Degiorgios' official mobile phones had been monitored by the Security Service but said burner phones were not under surveillance.

Questioned about surveillance outside Caruana Galizia's Bidnija home before the murder, Arnaud said he could not remember whether police patrols had been assigned and acknowledged he had not investigated that aspect because investigators had focused on what they considered more significant developments.

The defence also explored police surveillance of the Marsa potato shed.

Arnaud replied that investigators monitored the area extensively but never observed criminal activity despite the Degiorgio brothers frequently being present.

He said surveillance had to be conducted carefully to avoid alerting organised crime figures.

Much of the cross-examination centred on Keith Schembri, Chris Cardona and the scope of the investigation.

De Marco questioned Arnaud about reports suggesting Europol experts had identified Schembri and Cardona as possible masterminds.

Arnaud replied that no such report had ever been provided to his investigation team or included in the magisterial inquiry and insisted he only became aware of its existence much later, after which police sought to obtain it.

He also denied ever being informed directly by court-appointed experts that Schembri or Cardona had been identified as suspects, explaining that experts were legally obliged to report only to the inquiring magistrate.

The defence further questioned why numerous articles written by Daphne Caruana Galizia concerning Schembri and Cardona had not featured more prominently in the investigation.

Arnaud replied that articles were not evidence and that investigators had concentrated on establishing facts through admissible material.

Arnaud confirmed that the magistrate could independently commission experts, obtain telephone data and issue investigative orders without informing the police.

He said investigators regularly updated the magistrate while respecting the separate roles of the inquiry and the police investigation.

The cross-examination is due to continue on Tuesday.