Former police commissioner Lawrence Cutajar is set to take the stand today in the trial by jury of Yorgen Fenech, a businessman who has pleaded not guilty to two principal charges: complicity in the wilful homicide of Daphne Caruana Galizia 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.

Five men have already been convicted in connection with Caruana Galizia's assassination. Vince Muscat admitted his role in the murder in 2021 and was sentenced to 15 years' imprisonment. Alfred and George Degiorgio each received 40-year prison sentences after pleading guilty in 2022, while Robert Agius and Jamie Vella were sentenced to life imprisonment in 2025 for supplying the bomb used in the attack.

The prosecution is being led by Attorney General lawyers Godwin Cini, Anthony Vella and Danika Vella, assisted by Assistant Commissioner Keith Arnaud and Inspector Kurt Zahra. Fenech is represented by lawyers Charles Mercieca, Gianella Demarco and Gianluca Caruana Curran, while lawyers Therese Comodini Cachia and Jason Azzopardi are appearing parte civile on behalf of the Caruana Galizia family.

Judge Edwina Grima is presiding.

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13:08 The sitting is suspended for lunch.

12:59 Brincat testified that he had specifically advised Theuma to mention Yorgen Fenech by name within the audio recordings, ensuring that police would clearly identify the person Theuma was speaking to.

12:47 Brincat describes a significant change in Melvin Theuma's behaviour following his involvement in the case. He noted that Theuma, who used to be lighthearted and prone to joking, became withdrawn and started drinking heavily. Theuma would often arrive at Brincat's home unannounced, asking him to explain news reports regarding the murder because he struggled with reading English.

12:44 Prosecutor Godwin Cini (GC): Did anyone visit Melvin Theuma's residence.

Edgar Brincat (EB): Someone named Kenneth had gone to Melvin's home.

GC: What did Melvin tell you about Kenneth Camilleri?

EB: I know that he met with Kenneth, and they talked about securing bail for the Degiorgio brothers.

At the time, Kenneth Camilleri was the bodyguard for former prime minister Joseph Muscat.

12:35 Prosecutor Godwin Cini now reads out another previous testimony of Edgar Brincat.

"He [Melvin] had gotten it completely into his head about Yorgen and Keith Schembri. However, when I asked him, Keith Schembri had never actually spoken to him. He only thought Keith was involved because Yorgen would mention him constantly whenever he spoke to Melvin. It was Keith this, and Keith that. 'Keith would walk through fire for me'".

12:32 Prosecutor Godwin Cini (GC): How did you view this friendship, and how did you think the presidential pardon would be accepted because of it?

Edgar Brincat (EB): I just told Melvin not to go [to Castille], because this bomb case would then be pinned entirely onto him.

GC: What did their relationship mean to you regarding the chances of a pardon?

EB: It didn't mean anything to me that Keith and Yorgen were friends.

GC: Did Melvin ever use a specific word to describe the friendship between Yorgen and Keith?

The defence team can be heard muttering objections from the bench, prompting the prosecutor to quickly rephrase.

GC: I will change the wording. Did Melvin ever describe their friendship with a particular phrase?

EB: I forgot if he ever used a specific phrase. After seven years, I forget things. Even if you ask me next week what I said here today, I wouldn't entirely remember.

12:29 Brincat testified that he did not know Johann Cremona, an associate of Yorgen Fenech, and had only learned of him through media reports regarding the case. He did, however, recall Melvin Theuma mentioning Kenneth Camilleri, an associate of former OPM chief of staff Keith Schembri. Brincat noted that Theuma had told him about meeting with Camilleri specifically regarding the effort to secure bail for the Degiorgio brothers.

12:24 When asked by the prosecution about his thoughts on Theuma's prospects for a presidential pardon, given that Yorgen Fenech and Keith Schembri were friends and Fenech was relaying investigation details to Theuma, Brincat stated he had no knowledge of such matters. Judge Edwina Grima then asked if he believed the powerful figures involved would pin the crime on Theuma, to which Brincat responded, "Yes, they are powerful people. You never know what contacts people have."

12:21 Prosecutor Godwin Cini (GC): What happened with this government job?

Edgar Brincat (EB): Melvin told me they stopped it for him.

GC: Did he tell you why they stopped it?

EB: No, he just told me that Yorgen had sent him to Castille in the first place.

GC: In what context was Keith Schembri's name mentioned between Yorgen and Melvin?

EB: For Melvin to make contact with Keith through Yorgen. Melvin got it into his head that Keith was involved in the homicide. But I told him, 'How can you go and ask a man for money over a murder when he doesn't even know what happened?

GC: According to Melvin, what did Yorgen tell him about Keith, and what information was passed on?

EB: I don't know, I suppose it was regarding the case.

12:20 Witness Edgar Brincat further explains that as financial pressures mounted, Melvin Theuma grew increasingly frustrated with Yorgen Fenech, who began acting reluctantly whenever asked for cash.

On one occasion, when Theuma was unable to reach Fenech, he frantically declared that he would go directly to the Office of the Prime Minister at Castille to demand money from then-Chief of Staff Keith Schembri.

Brincat recalls questioning the plan, pointing out that Schembri would think he was crazy since the two had never actually spoken about the homicide.

According to Brincat, Theuma only assumed Schembri was involved because Yorgen Fenech had mentioned his name, though their only real-world interaction had been a brief meeting when Schembri landed him a government job.

In his desperation, Brincat notes, Theuma even wildly claimed at one point that he would go to the Archbishop for help.

12:18 Prosecutor Godwin Cini (GC): Earlier you mentioned the money that Melvin Theuma passed on. Explain a bit more about the money Melvin used to mention.

Edgar Brincat (EB): The €150,000...

Madam Justice Edwina Grima (EG) interjects: Apart from those?

EB: He used to mention that he was forking out even more money from his own pockets. There was the €150,000 that he received from Yorgen which was passed on to the Degiorgios. But then he used to fork out more money every week to give to a relative of the Degiorgios.

GC: Why did Melvin do this?

EB: I suppose it was so they wouldn't uncover anything about him.

GC: Where was that extra money coming from to hand over to the Degiorgios?

EB: From what I know, that was coming out of his own pockets.

12:15 Edgar Brincat testifies that Melvin Theuma had disclosed to him that Yorgen Fenech provided him with €150,000 to pay the Degiorgio brothers. Furthermore, Brincat states that Theuma mentioned other financial transactions, noting that on a weekly basis, Theuma was delivering money to an individual connected to the Degiorgios. 

12.05 The prosecution asks Brincat if Melvin Theuma ever spoke to Lawrence Cutajar. "As far as I know, no," he says. 

Brincat testifies he warned Theuma that "someone" was aware about the tapes, and warned him to be careful with them. 

Asked about Melvin Theuma's reaction when told that Lawrence Cutajar had asked about the recordings?, Brincat says that Theuma was shocked. He said that since people on power were involved, he thought that the tapes would be thrown away.

12:03 Before jurors pile in, the defence requests a transcription of the piece of evidence heard in court.

The prosecution objects, citing that this would constitute a new piece of evidence.

The court rejects the defence's request, stating that the evidence will be available to members of the jury to be heard. 

11:40 The sitting has been suspended for a short break.

11:25am Brincat confirmed he was arrested in November 2019 alongside Theuma, but insisted he had no prior knowledge of the impending arrest and that Cutajar never warned him. Regarding a text exchange where he messaged Cutajar "5pm OK" and received an "OK" reply, Brincat stated he could not remember what that referred to. He further claimed he could not remember when he met Cutajar, stating he frequently cancelled meetings and tried to avoid him.

11:21am The witness was presented with WhatsApp chats between himself and Lawrence Cutajar, whose name was saved in Brincat's contacts as "M.R.C." (Marsa Racing Club). The messages showed Brincat sending a traffic contravention notice to Cutajar regarding an employee, with Cutajar promising to look into it. They also appeared to discuss the deferment of a court sitting, with one mentioning they had provided a certificate, and an October 2019 text from Cutajar confirming a hearing had been moved to February 18 of the following year.

11:12am The court was shown evidence currently under reporting restrictions. Edgar Brincat testified that former Police Commissioner Lawrence Cutajar had asked him about Melvin Theuma's audio recordings, requesting that he acquire one. Brincat claimed Cutajar promised him he would not be exposed, but Brincat implied he never discussed the recordings with the commissioner, stating he had advised Theuma against going to the police and saw no reason to involve Cutajar. He added that he could not recall the time gap between Theuma mentioning the tapes and Cutajar asking for them.

10:48 A point of law is raised by the defence.

Jurors are cleared from the courtroom.

The defence formally requests a ban on any live press coverage regarding the contents of the audio recordings which are about to be introduced.

The court accepts the request, with Judge Edwina Grima issuing a formal order, informing all members of the media not to report or publish details of the audio interceptions heard in court.

10:45 GC: How did you know Lawrence Cutajar?

EB: I was robbed when I had a restaurant in Birżebbuġa and Cutajar was involved in the investigation of that case.

GC: You testified previously on 15 June 2020... The night before you gave that testimony, did you speak to anyone regarding the matter? Did you speak to Cutajar?

EB: I forgot about that.

10:41 Another of Edgar Brincat's (EB) previous testimony is read out regarding the lack of direct contact between the hitmen and Yorgen Fenech: 'Because as far as I knew, no evidence had surfaced against Yorgen. I asked Melvin, and he told me the Degiorgios never spoke to Yorgen. From here on out, you could say it was Donald Trump [who did it], but it means nothing...'

Prosecutor Godwin Cini (GC): What did you mean by that?

EB: As I told you, that Melvin would be the one implicated in all this. He told me he passed the recordings on to Yorgen. But he brought the pen drives to my house first. Yorgen wanted to help him.

GC: Regarding what?

EB: The presidential pardon I was talking about. But I couldn't hear anything in the recordings. I told him, 'You have nothing here, it's just muffling.'

GC: Did you hear anything at all?

EB: Just distant words. Even though I cannot hear very well myself, I told Melvin that the police would probably have the technical apparatus to hear the recordings better.

GC: What effect did he think these recordings would have?

EB: As evidence, no? To have a permanent record of what was said.

10:28 Prosecutor Godwin Cini (GC): Tell us step by step how you learned about these recordings (Melvin Theuma was recording his conversations with Yorgen Fenech).

Edgar Brincat (EB): He [Melvin] told me that he had recordings where he recorded Yorgen Fenech. I asked him, 'Did Yorgen know you were recording him?' and Melvin said no. I then told him to show Yorgen that he had recorded him."

GC: Why?

EB: So Yorgen could help him.

GC: Help him how?

EB: I don't know... just to help.

GC: Did he tell you how he got the idea to record Yorgen Fenech?

EB: He told me his daughter gave him the idea to record him.

GC: According to Melvin, was there anyone else who knew about Yorgen Fenech's involvement in the homicide?

Madam Justice Edwina Grima (EG): What was Melvin actually scared of?

EB: That he was involved, that he would be imprisoned - those kinds of things.

10:22 Prosecutor Godwin Cini (GC): What contacts did Yorgen have?

Edgar Brincat (EB): I don't know, but I knew that Yorgen used to visit ministers, and he would go to this or that person all the time.

GC: When Melvin told you il-Koħħu [Vince Muscat] was uncovering everything, what did you think?

EB: I forgot... it could be that I told him [Melvin] it might not be true.

GC: Why did you say that?

EB: I don't know, maybe Vince Muscat wanted a piece of this [pardon/deal].

The prosecution reads out an extract of Brincat's previous testimony to the court, stating that Brincat heard meetings were being conducted within parliament regarding the presidential pardon.

GC: What phrase did you use with Melvin Theuma when telling him not to speak? What did you think would happen to Theuma?

EB: That he will end up being locked up.

10:11 Prosecutor Godwin Cini (GC) asks: You mentioned Melvin used to pass on money. From where did he get this money?

Edgar Brincat (EB) replies: As I told you, from Yorgen Fenech.

GC asks: What did Melvin say regarding il-Koħħu [Vince Muscat]?

EB replies: He said that he was talking to the police and he was going to uncover everything on Melvin Theuma.

GC asks: You mentioned that Melvin spoke about a presidential pardon. What did he say?

EB replies: I told him that if nothing had happened yet, don't do anything rash. They were thinking that whoever talks to the police first would be granted the presidential pardon.

Madam Justice Edwina Grima (EG) asks: What did he want to tell the police?

EB replies: He had some tapes and was recording Yorgen.

10:04 Prosecutor Godwin Cini (GC): Did he give the money to the Degiorgios before or after the assassination?

Edgar Brincat (EB): I don't know, he just told me that he gave them money.

Judge Edwina Grima (EG): Did he tell you why he gave them money?

EB: For the bomb, you know?

GC: What was the relationship between Melvin Theuma and Yorgen Fenech?

EB: They were friends as far as I know, because he used to mention him a lot.

GC: What did they do as friends? Was there any other connection between Melvin and Yorgen?

EB: I don't know what they did. From what I am aware of, Melvin had a shop which he rented out to Johann Cremona.

09:57 The questioning takes a dramatic turn as prosecutor Godwin Cini asks Brincat about the moment Melvin Theuma confessed his direct involvement in the Daphne Caruana Galizia assassination plot.

EB: Melvin Theuma came and spoke to me, and he told me about this case.

GC: Do you remember when Melvin Theuma spoke to you regarding this case?

EB: He came to tell me... he was involved in the case, of course.

GC: You mentioned il-Koħħu [Vince Muscat]. Who is he?

EB: From what Melvin said... Yorgen [Fenech] told him that il-Koħħu wants to talk. 

GC: What did he tell you about his own involvement in the case?

EB: He told me he was the middleman between Yorgen and the Degiorgios.

GC: What did Melvin Theuma tell you he did as a middleman?

EB: To find them [the Degiorgio brothers].

09:52 Under questioning, Edgar Brincat explains that Melvin Theuma initially assisted him with his racing horses and vehicle spray-painting.

Describing their relationship during those early years as "just friends," Brincat notes that the two remained close even after Theuma "left."

When asked what the middleman did after leaving, Brincat tells the court that he knows Theuma operated a taxi, but admits he is unaware of what other ventures he was involved in at the time.

09:50 Prosecutor Godwin Cini (GC) begins questioning Edgar Brincat (EB), taking the witness back to the years of 2018 and 2019 after Daphne Caruana Galizia's assassination. 

GC: Back in 2018, what did you work as?

EB: I was a car dealer, I had a restaurant in Birżebbuġa, and I was also a bookmaker.

GC: How long had you been doing that?

EB: Since 1984.

GC: Who used to help you in your businesses?

EB: A lot of people. One of them was Melvin Theuma.

GC: How did you know Melvin Theuma?

EB: I've known him since he was very young. I used to own racing horses, and he used to look after them.

09:43 Following this brief testimony, Edgar Brincat himself, widely known as 'il-Ġojja,' is called to the witness stand.

Before questioning begins, Judge Edwina Grima informs Brincat of the standard legal caution, informing him that he has the right to remain silent and may choose not to answer any questions that could potentially incriminate him.

09:41 Magistrate Nadia Helena Vella takes the stand next to confirm that, during her previous career as a litigation officer with Mapfre Middlesea, her internal research showed Edgar Brincat was an insured driver on one of Melvin Theuma's vehicles.

This concludes her testimony.

09:34 Turning to a specific vehicle, Farrugia testifies that the car had been registered to Edgar Brincat in 2020.

Prior to that transfer, the vehicle belonged to Melvin Theuma, who owned it in 2018 before selling it to Brincat.

The defence has no further questions to the witness.

9:30 The first witness of the day is Brian Farrugia, a former Transport Malta (TM) director, who testifies regarding vehicles registered under Melvin Theuma's name.

Farrugia explains that he served as a senior manager with TM before being appointed director later that same year.

Questioned by prosecutor Godwin Cini regarding a money laundering inquiry targeting Theuma, Farrugia states he had been ordered to compile a comprehensive report on the middleman's vehicles.

According to the report's summary, five vehicles were flagged.

Farrugia clarifies to the court that while vehicles can be registered individually to a licensed dealer or a corporate entity, the cars in question were registered directly under a company named Auto Imports, with Melvin Theuma listed as its legal representative.

9:20 Judge Edwina Grima enters the courtroom as the jurors take their places.

09:08 Good morning from Hall 22, where the trial by jury of Yorgen Fenech enters its 16th day.

Both prosecutors and the defence have entered Judge Edwina Grima's chambers.