Prosecution witness Vince Muscat, known as il-Koħħu, on Monday gave the jury a detailed account of how the plot to assassinate journalist Daphne Caruana Galizia was organised, telling jurors about meetings, surveillance operations and payment arrangements that, he said, preceded the murder.
Muscat was testifying in the trial by jury of businessman Yorgen Fenech, 44, who has pleaded not guilty to two principal charges: complicity in the wilful homicide of the journalist and criminal association to commit the murder. Caruana Galizia, a columnist with The Malta Independent, was killed in a car bomb on 16 October, 2017.
Muscat is serving a 15-year prison sentence after admitting his role in the murder and striking a plea agreement with the Attorney General. Another four men have also been convicted of the murder.
In yesterday's sitting, Muscat first described what he said was an earlier murder plot dating back to 2015.
He testified that George Degiorgio had asked him to drive him to Portomaso for a meeting with then minister Chris Cardona. According to Muscat, Degiorgio later told him that Cardona wanted Caruana Galizia killed and proposed that he, Muscat and Jamie Vella carry out the assassination. Degiorgio and Vella are two of the other men convicted in connection with the murder.
Muscat testified that the agreed price was €150,000. He said Degiorgio claimed there were four people who wanted the journalist dead, although he did not identify them or explain their motives.
Muscat told jurors that he and George Degiorgio later conducted surveillance near Caruana Galizia's Bidnija home after Jamie Vella pointed out the location because he owned a nearby farmhouse.
The original plan, he said, was for Vella to shoot Caruana Galizia as she drove out of her residence. However, the operation was abandoned because the promised €50,000 advance payment never arrived.
Muscat claimed Degiorgio repeatedly argued with lawyer David Gatt, whom he described as being close to Cardona, over the missing payment before the surveillance eventually stopped.
He also recalled conversations in which Jamie Vella allegedly dismissed Cardona as "all talk" who would not follow through. Muscat added that former police commissioner Michael Cassar had also been mentioned during discussions, although George Degiorgio never provided further information.
The witness then turned to events in 2017, describing how Alfred Degiorgio, known as "Il-Fulu", approached him about what was described as a "big job". Muscat said the contact came through Darren Debono, known as "it-Topo", after Melvin Theuma asked to meet the Degiorgio brothers.
Muscat testified that although he drove Alfred Degiorgio to an initial meeting with Theuma at Busy Bee in Msida, he remained outside.
He said Degiorgio later informed him that the target was Caruana Galizia. According to Muscat, he and the Degiorgio brothers agreed to carry out the assassination for €150,000, with a non-refundable €30,000 deposit.
Muscat told the jury that four burner phones were purchased for those involved and that during a subsequent meeting at Busy Bee, Theuma handed Alfred Degiorgio the €30,000 inside a cigarette packet. The money was allegedly divided equally, with each man receiving €10,000.
He said surveillance of Caruana Galizia then began before Theuma later instructed them to suspend the operation because of the 2017 general election.
According to Muscat, the plot resumed after the election. He testified that Theuma later gave Alfred Degiorgio another €1,000, telling him to "buy a drink".
Muscat described surveillance of Caruana Galizia's movements, including observations outside her Bidnija residence, where he said the group noted the weekly arrival of a maid driving a red Toyota Vitz. He also recounted watching the journalist at a café in Naxxar, where she was sitting alone with her laptop after buying cigarettes.
Muscat recalled Theuma informing him and the Degiorgio brothers that Caruana Galizia was on the verge of exposing "something big," warning that if she published the information before she was killed, the person behind the contract would call off the entire plot.
In an effort to reassure Theuma that the group was carrying out what they had been instructed to do, Muscat says Degiorgio drove Theuma to the "nest," which is the surveillance point they used to monitor the victim's movements.
David Gatt, Chris Cardona, and Silvio Valletta
Originally, Muscat said, the plan was, again, to shoot Caruana Galizia.
He explained that Alfred Degiorgio was supposed to pull the trigger from a window overlooking fields and trees. Muscat and Degiorgio had gone to the location to analyse the view, and from there they could see Caruana Galizia sitting at her computer inside her house.
With them, Muscat and Degiorgio brought sacks concealing a shotgun obtained from Jamie Vella and Robert Agius. They were supplied with three firearms in total.
Muscat testified that he frequently drove Alfred Degiorgio to Valletta, where Degiorgio claimed he was meeting with then-Economy Minister Chris Cardona.
Muscat notes he would see Degiorgio entering the Auberge de Castille, though he could not personally confirm if the meetings with Cardona actually took place.
However, Muscat recalled Degiorgio claiming that Cardona was receiving information from Assistant Commissioner Silvio Valletta - who was initially in charge of the murder investigation before being removed following a legal challenge after it was revealed that he had travelled with Yorgen Fenech.
The plan for the assassination changed as George Degiorgio preferred using explosives to guns since shooting carries a greater risk of police passing by.
Three bombs were obtained from Robert Agius and Jamie Vella, who smuggled them into Malta from abroad.
Muscat explained that the explosive device was around five inches long and consisted of a SIM card, two wires, and a switch. A bottle filled with petrol was also attached to the bomb.
Muscat and Alfred Degiorgio later obtained a rental car from a company in Buġibba which was the same model as Caruana Galizia's vehicle, allowing them to practice gaining access to her car.
The prosecution asked whether Muscat knew what information Caruana Galizia was allegedly about to publish. "I don't like asking questions," Muscat replied. "It didn't interest me."
Muscat told the jury that lawyer David Gatt would occasionally visit the Marsa potato shed, and that during these visits, Gatt would frequently make an upward-pointed gesture with his index finger, Muscat recalls, adding that it appeared to be a habitual mannerism.
On what that gesture meant, Muscat recalled that George Degiorgio had explained that the gesture was not meant to refer to Chris Cardona, but instead was used to refer to Keith Schembri without mentioning him by name. The gesture was used to refer to Schembri as the number one.
Muscat recalls a separate occasion where Gatt had made a sound imitating an explosion.
However, Muscat says that he had never discussed the assassination of Caruana Galizia with Gatt.
'We started to think the bomb hadn't worked'
Muscat told the jury that on the evening before the assassination, he drove the group to the road beside Caruana Galizia's residence, after which they proceeded on foot through the surrounding fields to avoid attracting attention from other vehicles.
The men were carrying the bomb and the tools needed to attach the explosive device to the journalist's car.
"That night, Alfred was the one who planted the bomb in Daphne Caruana Galizia's car," Muscat said.
George Degiorgio headed out on his boat, the Maya, early the following morning. According to prosecutors, this is where the SMS was sent to detonate the bomb and kill the journalist.
Vince Muscat and Alfred Degiorgio then went to the latter's apartment in St Paul's Bay, where they had coffee before returning to the area at around 5:30am in the white car which was spotted by neighbours on the day of the assassination.
Muscat explained they took position inside a roofless room overlooking the area. They waited in that room with an umbrella, a walkie-talkie, a mobile phone, and the car keys.
"Ċens, the light is on," Muscat recalled Alfred Degiorgio suddenly remarking, referring to the gate light on the victim's property which would flash whenever it was opened.
"She left but came back soon after," Muscat explained. "We thought she wasn't going out."
However, a short while later, Daphne Caruana Galizia left her home again.
Muscat said the Degiorgio brothers had previously agreed that Alfred would notify George, who would then trigger the bomb remotely.
"As soon as she started moving downhill, we left. I saw white smoke... We started thinking it hadn't worked because we didn't hear an explosion," Muscat said.
After leaving the area, Muscat switched on his radio and listened to the news.
Vince Muscat then drove to Rabat and stopped at Serkin for pastizzi.
"The pastizzi made me sick... after what had happened," he says, explaining that he has to cross the road and sit on a bench.
"I felt very bad," Muscat says, describing his reaction to the killing.
The €120,000 they were still owed was collected in Marsaskala a few days later.
Hitman did not believe he would be arrested
Moving onto when the police began to close in on the trio, Muscat said that George Degiorgio was aware of what was happening.
He recalled Alfred Degiorgio telling him one morning at the potato shed police were planning to raid the premises and arrest George.
According to Muscat, they learned about the impending operation two or three weeks in advance and used that time to remove items that "might have incriminated us."
From that point onwards, Muscat says he noticed Degiorgio brothers frequently speaking privately among themselves, which made him increasingly suspicious.
Muscat told the jury Melvin Theuma came to the Marsa potato shed, looking worried, and told Alfred Degiorgio: "The tip you received that the police were coming here on 4 December matches the information I received."
Muscat told the jury on one occasion he drove Alfred Degiorgio to meet a man known as Toni l-Iblaħ, whom he describes as an associate of Chris Cardona.
He said the two men spent around 30 minutes together and both appeared worried when they returned.
"I never asked what it was about, but Alfred told me he was going to meet him again," Muscat testified.
Speaking to Muscat, Degiorgio remarked that, "we should have received millions for what we did"
Muscat said they were expecting the police to arrive at the potato shed on 4 December.
"We were waiting for the police," he told the court, adding that they even knew officers were expected to arrive at around 8am. "I don't remember how I got to know that information"
He said that despite knowing about the planned raid, he still went to the potato shed because he did not believe he would be arrested.
"I didn't know they were going to arrest me, but, I assumed they might have, but I didn't think they were going to arraign me I didn't know what they had on me," he said.
AG lawyer Godwin Cini asked: "Did you ever drive Alfred anywhere else?"
According to Vince Muscat, sometime after the assassination, he drove Alfred Degiorgio to a bar in Siġġiewi to look for former minister Chris Cardona, who was known to frequent the establishment. Degiorgio intended to get information about the 4 December raid and any investigations. "He wasn't there that day."
He added that he himself would occasionally go to the bar for a couple of beers because he knew the people there, and confirms he had seen Cardona there on previous occasions.
Muscat went on to recount conversations he says took place with the Degiorgio brothers while they were in prison.
He told the jury the brothers claimed they had paid €100,000 to a now former judge and also spoke about money allegedly intended for various people to help them secure bail.
They never secured bail.
Muscat will continue his testimony on Tuesday.
IT expert says he was never asked to clone Keith Schembri's phone
Il-Kohhu's testimony followed further cross-examination of court-appointed IT expert Martin Bajada, who was questioned by the defence on mobile phone evidence, recovered electronic data and photographs linked to the case.
Much of the questioning by defence lawyer Gianella de Marco centred on mobile phone data extracted from devices belonging to former OPM chief of staff Keith Schembri.
Bajada confirmed that two of Schembri's mobile phones had been seized and analysed, although neither was the handset that Schembri reported losing shortly before police searched his home.
The defence questioned him about contacts stored in Schembri's address book, including Kenneth Camilleri, whose number was allegedly saved under the nickname "ir-Rukkell", and Johann Cremona, an associate of Melvin Theuma, whose contact appeared under the nickname "ix-Xlukkajr".
Bajada later confirmed that approximately 237 emails recovered from Daphne Caruana Galizia's accounts referred to Schembri, while around 274 mentioned former minister Chris Cardona.
Questioned about photographs showing Cardona and Alfred Degiorgio at a bachelor party, Bajada said he could not confirm the identities of the people appearing in the image.
Jurors later questioned Bajada about how investigators managed to recover data from Caruana Galizia's mobile phone after it was destroyed in the bomb explosion.
He explained that because the original device was beyond recovery, investigators purchased an identical phone and inserted a SIM card registered with the same number, allowing data to be restored from cloud backups. The only information lost, he said, was about one week's worth of WhatsApp messages because they had not yet been backed up.
Jurors also asked whether the same process could have been used for Schembri's missing phone. Bajada replied that it was technically possible but no such request had ever been made. He added that such requests should ideally be made within 48 hours while a suspect is in custody because data could otherwise be deleted. He further noted that no court-appointed IT expert had been engaged at that stage of the investigation.