Jurors in the trial by jury of businessman Yorgen Fenech on Tuesday heard lead investigator Assistant Commissioner Keith Arnaud confirm that police never recovered former OPM chief of staff Keith Schembri's mobile phone or laptop, as his cross-examination continued with questions focusing on Schembri's role in the investigation, Melvin Theuma's presidential pardon and a series of defence claims pointing towards alternative theories behind Daphne Caruana Galizia's murder.

Throughout Tuesday's sitting, defence lawyer Giannella De Marco continued her cross-examination of lead investigator Assistant Commissioner Keith Arnaud, probing key aspects of the police investigation in an attempt to cast doubt on the prosecution's narrative. Much of the questioning centred on Keith Schembri's role in the case, the circumstances surrounding Melvin Theuma's presidential pardon and whether investigators had sufficiently explored alternative lines of inquiry.

The defence repeatedly revisited claims that former minister Chris Cardona may have been involved in the murder, questioning Arnaud about several individuals linked to the former minister, alleged meetings, police patrols near Daphne Caruana Galizia's Bidnija home and claims that members of the Degiorgio family had been promised benefits through the Malta Freeport. Arnaud consistently maintained that investigators had found no evidence to support those allegations, at one stage describing one suggestion put to him as "completely absurd."

The day's proceedings also shed further light on the investigation into Keith Schembri, with Arnaud confirming that the former OPM chief of staff was not treated as a suspect until Melvin Theuma's arrest in November 2019 and revealing that, despite searches carried out at Schembri's home and office, police never recovered either his mobile phone or laptop. The witness also confirmed that Theuma had told investigators he feared Schembri would either have him imprisoned or killed.

Missing devices

Arnaud told jurors that police never recovered either Keith Schembri's mobile phone or laptop despite searches at his home and office.

He said investigators seized a number of electronic devices, including a tablet belonging to Schembri's wife and mobile phones belonging to his children, but Schembri's own phone and laptop were never found.

Searches were also carried out at Schembri's office in Castille. Arnaud said he could not recall everything recovered there but confirmed documents were seized and that the search was recorded on video.

Daphne Caruana Galizia's laptop

The defence asked Arnaud whether the police had access to Daphne Caruana Galizia's laptop, and he confirmed that investigators wanted to examine the laptop to try and understand what stories the journalist was working on before she was killed, with this possibly leading police to the motive behind her assassination.

He continued that the Caruana Galizia family provided the police with information about the stories that the journalist had been investigated.

When asked whether the police ever had direct access to the laptop, Arnaud replied that the information had been given by Matthew Caruana Galizia - one of Daphne's sons. "I never met a person whose mother was killed and who tried to take me for a ride," he said.

The laptop had been the source of scrutiny and conspiracy theories, particularly as it emerged that the police did not physically have it in their possession.

David Gatt, Chris Cardona, and an earlier plot to murder Caruana Galizia

Former government minister Chris Cardona and lawyer and former police officer David Gatt featured prominently in the morning session, particularly within the context of an alleged earlier plot to murder Caruana Galizia.

Arnaud was asked to confirm whether hitman Vince Muscat had mentioned Cardona, George Degiorgio, Gatt and Jamie Vella within the context of a plan to murder Caruana Galizia.

Arnaud confirmed that this was what Muscat had testified, but added that Muscat had then said that the plot was cancelled and that there is no evidence to show that it was ever re-activated.  He added that Melvin Theuma - the pardoned middleman in this case - never featured in that plot.

Arnaud said that as far as he recalls, Muscat had driven Alfred Degiorgio to meet with Cardona after the murder had happened with the aim of getting information about how the investigations were ongoing.

De Marco asked whether there were meetings before the murder, to which Arnaud replied that he does not remember with certainty, but his impression was that they were after the murder, not before.

Under cross-examination, Arnaud confirmed that Vince Muscat said that he never saw Melvin Theuma hand money over to Alfred Degiorgio.

He also said that George Degiorgio gave very little information in regards to Cardona and David Gatt allegedly being a part of any plot to kill Caruana Galizia.

Arnaud said that Gatt did visit the Marsa potato shed where the hitmen were arrested, and that Gatt had also visited the brothers in prison, telling officials that he was representing them as their lawyer. Gatt, however, never appeared in court representing the brothers, Arnaud pointed out, adding that at that point one of the brothers had resorted to using a legal aid lawyer.

De Marco referred to testimony from Vince Muscat who had said that Gatt used to mention Caruana Galizia and make hand gestures which implied an explosion both before and after her murder.

She also referred to a person who Muscat had referred to as "Number One" - whom he later identified as Keith Schembri.

Arnaud confirmed that Muscat had mentioned Schembri during his testimony before the public inquiry in 2021, and added that George Degiorgio had also testified that Gatt had once told him that he was speaking to Schembri over the phone.

De Marco asked Arnaud about a suggestion that Gatt had spoken to Cardona to ask him to get the police to stop its patrols in Bidnija.  Arnaud snapped back that the suggestion is "totally absurd."

De Marco said that Muscat had testified that no police car passed through the area for six weeks, but Arnaud replied that Muscat's testimony was misleading as phone data showed that he was only in the area once during that period, and therefore could not have known if the police patrolled there in that period.

Melvin Theuma and Lawrence Cutajar

During his cross-examination, Arnaud also confirmed that Theuma had tried to kill himself while he was in witness protection, but said he had no knowledge with regards to recordings which the defence suggested implied that Johann Cremona - a Fenech business partner - had paid then Police Commissioner Lawrence Cutajar for Theuma's pardon.

The pardon, the defence said, had given Theuma a clean slate for any criminal offence he had committed prior to 2019.

Cutajar featured in the morning session of cross examination.  Arnaud confirmed that Theuma had the Police Commissioner's phone number, but said that Theuma had insisted that he never called him.  He said that he had gotten the number from Edgar Brincat - known as il-Ġojja - who was close to Cutajar - at the Marsa horse racing track and told to use it in case there was ever any fighting at the track.

The defence suggested that Cutajar did not want Melvin Theuma to be arrested, but Arnaud denied this.

On the contrary, he said, the Commissioner had pushed them to go ahead with the arrest, but Arnaud told him that they still had not found Theuma's recordings and hence wanted to hold off - and the Commissioner agreed.

He continued that there was no fixed date planned for the arrests.  The defence suggested that Europol disagreed with this approach, but Arnaud said that this wasn't true and that Europol never got involved in such a manner as it wasn't their jurisdiction.  "When we explained our plan to them, they said it was a 'very solid' one," Arnaud said.

Schembri not a suspect until 2019

Arnaud confirmed Schembri was not treated as a suspect in the Caruana Galizia murder investigation until November 2019, when middleman Melvin Theuma was arrested.

Until then, investigators had only preserved Schembri's phone data and had no direct evidence linking him to the murder.

He also recalled taking over the investigation after former lead investigator Silvio Valletta was removed from the case in 2018 following a Constitutional Court ruling over a conflict of interest.

Theuma's pardon and fears

De Marco also focused on the presidential pardon granted to state witness Melvin Theuma, suggesting it effectively wiped the slate clean for any offences he may have committed before 2019.

Arnaud rejected suggestions that then police commissioner Lawrence Cutajar had delayed or opposed Theuma's arrest, insisting Cutajar had in fact pushed for arrests while investigators waited to secure further evidence, including recordings made by Theuma.

He also confirmed that Theuma's pardon extended to his illegal gambling operation and that Cutajar was still police commissioner when the pardon was granted, although he had left the force by the time the recordings later emerged.

He confirmed Theuma had Cutajar's phone number but said the middleman claimed never to have called him.

Arnaud also confirmed Theuma had told investigators he feared Keith Schembri would either have him sent to prison or killed.

He agreed that Theuma continued communicating with Yorgen Fenech after the murder.

Missing recordings and other evidence

Arnaud confirmed Theuma began secretly recording Fenech after Caruana Galizia's assassination.

Asked about other recordings, he said Theuma admitted throwing away one phone but insisted he had handed over every recording in his possession when arrested. According to Arnaud, Theuma later questioned whether police had recovered everything because he believed there had originally been more recordings.

The court also heard that police examined the letter allegedly passed to Fenech through Adrian Vella for fingerprints.

Although around 70 fingerprints were identified, Arnaud confirmed none belonged to Keith Schembri.

The officer also confirmed investigators never seized the phone of former Office of the Prime Minister security official Kenneth Camilleri, despite questioning him during the investigation.

While Camilleri acknowledged meeting Johann Cremona and later Melvin Theuma, investigators were unable to establish why those meetings took place and found no evidence linking him to Yorgen Fenech.

Arnaud's cross-examination is due to continue on Wednesday.