The trial by jury of Yorgen Fenech entered its second month on Saturday amid mounting courtroom tensions, as prosecutors and defence lawyers repeatedly clashed over the admissibility and presentation of digital evidence before jurors.
Yorgen Fenech, a businessman, 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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12:52
The proceedings have adjourned for a lunch break.
The hearing will resume at 3:00pm.
12:47 Courtroom tensions escalate as AG lawyer Anthony Vella argues that the prosecution is being hampered from presenting evidence it has a duty to produce, taking aim at the court for permitting repeated defence objections.
Madam Justice Edwina Grima immediately steps in, asking if the prosecutor is implying that the defence has no right to object.
The judge makes her frustration clear: "I'm getting fed up now. I have both sides saying that the court is not impartial. Every party has the right to make their objections, and then the court decides."
12:38 Lawyer Charles Mercieca argues that it goes against fair trial principles for a witness to take the stand with documents and testify on materials he never presented during the compilation of evidence stage but mentioned during magisterial inquiries.
"It is not the way to do things for a witness to testify regarding materials he never testified about," Mercieca maintains, insisting the witness must be strictly restricted to such.
Prosecutor Anthony Vella firmly rejects the defence's objection, countering that there is no provision anywhere in Maltese law prohibiting an investigating officer from testifying under oath about what he personally observed during police investigations.
"We are not permitted to do our work", the prosecutor affirms, with Madam Justice Edwina Grima stating that in no instance did the court prohibit the prosecution from doing their work.
12:26 The defence raises a point of law regarding the prosecution's comments and Sammut's testimony.
Jurors have now left the courtroom.
12:25 Prosecutor Godwin Cini turns Sammut's attention to November 2019, when Yorgen Fenech, Melvin Theuma, and other key figures were arrested.
Sammut tells the court that he was stationed with CID at the time, explaining that his primary role involved extracting data from seized devices on behalf of Europol.
He testifies that he received the first batch of drive copies in November 2019, followed by additional copies of various files in January 2020. Addressing his past testimony during the Daphne Leaks inquiry, Sammut tells the court that he received seized devices directly from then-Superintendent Keith Arnaud.
He further testifies that he was subsequently instructed to transcribe an audio recording featuring a conversation between state witness Melvin Theuma and key figure Johann Cremona.
12:20 Under brief cross-examination, the witness confirms that the extraction report comprises a vast collection of photographs and data from multiple devices.
Defence lawyer Giannella De Marco asks whether the report contains anything directly related to the homicide, to which Agius replies that he does not recall. De Marco then asks about an entry in the report under the name 'Yorgen-Sven.'
Agius clarifies that this refers to Sven Sammut, who was a police constable working with CID at the time.
Following Agius' testimony, Police Constable Sven Sammut is called to the stand next.
12:14 Prosecutor Godwin Cini directs the witness to the digital data extraction report, which spans more than 3,000 pages.
12:04 Taking the stand, police officer Shanice Schembri testifies that on 27 March 2020, she was assigned to a special task force by then-Assistant Commissioner Ian Abdilla and worked alongside Inspector Brian Paul Camilleri.
Schembri explains that her duties centred on analysing hard drives containing digital extractions harvested from mobile phones belonging to Yorgen Fenech and his family members.
She clarifies to the court that her specific mandate was to review and examine this extracted data strictly for intelligence-gathering purposes.
FCID Sergeant Dione Agius takes the stand next, testifying that in January 2020 he received instructions from Inspector Nicholas Vella to assist the police task force. Agius explains that his primary role was to filter the digital data handed over to the team and tag any significant information relevant to the investigation.
He further testifies that in March 2020, Inspector Brian Paul Camilleri replaced Inspector Vella and issued new directives instructing him not only to tag the data but also to actively work through and analyse the extracted content.
11:45 AG lawyer Anthony Vella counters the defence's arguments, contending that Sergeant Gerada is simply testifying on the findings he analysed from the extractions, which he subsequently passed on to experts.
Madam Justice Edwina Grima points out that, as a general rule, witnesses testifying before a jury should already have testified during the compilation of evidence on the same materials
The defence maintains its opposition, arguing that the witness is giving evidence on extractions he never personally conducted and about materials he has never previously testified to.
Lawyer Charles Mercieca insists that the officer's validity as a witness is compromised, warning that his selective presentation of the chat messages risks misleading the jury panel.
Madam Justice Grima announces she will decide on the matter in camera.
11:37
Deciding against further delay, Madam Justice Edwina Grima orders proceedings to continue despite objections from parte civile lawyer Jason Azzopardi, who complains that a loudspeaker was blaring directly around the corner.
With the jury momentarily outside, the defence raises a fresh legal challenge against the prosecution's evidence. Counsel argues that the chat logs being presented were omitted from the bill of indictment and contends that Sergeant Gerada was never officially ordered to conduct the digital extractions.
The defence claims the sergeant selectively cherry-picked messages and warns that a witness is legally bound to present direct factual findings rather than subjective evaluations.
10:44 Proceedings will continue at 11:15am
10:42 Lawyer Veronica Anne Spiteri testifies that she was tasked with transcribing multiple CDs containing interrogation statements made by state witness Melvin Theuma and key figure Johann Cremona during the compilation of evidence.
She explains that during some of Theuma's police interrogations, the investigating inspector played audio recordings to him. Clarifying the notation in her transcriptions, Spiteri maintains that whenever three dots (...) appeared in the text, it indicated an illegible section of audio where she could not decipher what was being said.
As the lawyer delivers her evidence, the distant sound of the local St Dominic feast march is heard in the courtroom.
10:34 Under cross-examination by defence lawyer Giannella De Marco, the witness clarifies the exact details of his conversation with the captain, Logan.
De Marco questions the photographer on whether he and his journalistic colleague left Portomaso Marina together after monitoring the yacht, to which Mirabelli replies in the affirmative.
10:32 Mirabelli tells jurors that Logan, the captain, mentioned he had no plans to sail that morning because of bad weather, adding: "Just to let you know, we will be taking out the boat next week to Sicily, to take it to the boatyard."
The captain then headed back onto the vessel before leaving via a side gate.
Mirabelli explained to his news editor that the captain seemed unlikely to move the yacht, but his editor told him to maintain the stakeout. Shortly after, journalist Jacob Borg joined Mirabelli at Portomaso Marina before leaving about an hour later.
10:28 Testifying in English, Times of Malta photographer Matthew Mirabelli tells the court that his news editor instructed him to head to Portomaso Marina on 19 November 2019. He was sent a photo of a vessel to locate, which he successfully identified as Fenech's yacht, the Gio 2.
Mirabelli testifies that he initially waited alone at the marina, with a colleague joining him approximately 30 minutes later.
As they monitored the yacht, the cabin lights came on, and the vessel's captain stepped ashore. Mirabelli noted that he recognised the captain personally, as both men shared a mutual interest in kitesurfing.
10:17 Tensions reached a boiling point as defence counsel repeatedly protested that neither they nor the jurors had been provided with copies of the extracted chat files displayed on screen.
Defence lawyer Charles Mercieca went on to tell the court: "This witness has never testified before."
Madam Justice Edwina Grima warned that "if we are not prepared, we are going to be limping on one leg." Prosecutor Godwin Cini addressed the objections, stating that a pattern was evident whereby the defence objects whenever a witness brought by the prosecution testifies.
Gerada's testimony was suspended for IT expert Martin Bajada to locate the extractions in the system.
10:09 The witness now mentions more digital extractions from a second mobile phone owned by Melvin Theuma, featuring a critical exchange with a contact saved as 'Yorgen' dated 13 November 2019.
In the messages exhibited, Theuma appeared to instruct Fenech on counter-surveillance and contacts, telling him to "talk to the big guy from Ħal Luqa" and Fenech advising him to "leave nothing on the numbers, so they have nothing to touch upon."
The messages trigger a swift objection from the defence Giannella De Marco, arguing that the witness is selectively reading messages and omitting others, while neither the defence nor the jurors have access to a copy of the messages
09:53 Jurors are shown extractions from a Samsung mobile phone seized from Melvin Theuma, detailing his contact logs with key figures in the months leading up to his arrest.
The court hears that on 12 April 2019, Theuma sent a text message to a contact saved in his device under the name 'Tumas', reading: "Good morning Mr Ray, when you have a chance, call me."
The digital data also highlighted a frequent sequence of phone calls between Theuma and Mario Degiorgio.
Additionally, Gerada presents communication records between Theuma and Johann Cremona. While the extraction yielded no written SMS messages within the thread, officers noted a heavy log of repeated voice calls conducted over the same messaging channel.
09:47 The court is shown further text messages exchanged between Melvin Theuma's partner and her daughter, spanning from 2017 to 2018.
In one message, the partner admitted to listening to the covert tapes: "Yesterday I heard the recording because I was curious," she wrote.
In a subsequent message sent on 25 April 2018, she informed her daughter that a breakthrough had allegedly occurred, writing:
"A powerful man came with Johann, everything should be arranged."
Another message made by Zammit states: "It is all Yorgen."
09:35 Gerada was also part of a task force, provided details on data extracted from electronic devices seized at Melvin Theuma's home in March 2020. Sergeant Gerada testifies that his primary role involved tagging and flagging relevant communication logs for investigators.
Gerada highlights a series of disappearing WhatsApp messages exchanged between Theuma and Yorgen Fenech, identifying Fenech by his mobile number ending in '444' following a brief objection from the defence.
In one exchange shown on court monitors, Fenech asked the middleman, writing, "Are you ok? you worried me". Gerada tells jurors that the pair subsequently discussed judge Henri Mizzi as part of broader conversations aimed at securing bail for the Degiorgio brothers.
The witness also presents flagged SMS messages between Theuma's partner, Charmaine Zammit, and her daughter, Chayenne. In those messages, the partner recounted listening to the secret audio recordings and expressed anxiety that the family was under active surveillance, writing that she believed CID officers were following them.
9:26 During testimony detailing Yorgen Fenech's police interrogation, the court hears that Fenech directly implicated former OPM Chief of Staff Keith Schembri in the assassination plot, allegedly telling officers that "everything started from Keith."
According to the witness, Fenech claimed Schembri had asked him to find a way to kill Daphne Caruana Galizia. Fenech further alleged that when middleman Melvin Theuma requested €120,000 for the hit, Schembri instructed him to "just go with it."
The testimony triggered an immediate interruption from defence lawyer Giannella De Marco, who objected to the way Fenech's statements were being presented.
Continuing his account, the officer testifies that Fenech claimed he had subsequently tried to pull out of the plot, stating he wanted no further involvement. When asked by investigators who knew that Schembri wanted the journalist killed, Fenech named Johann Cremona, former Prime Minister Joseph Muscat, and Adrian Vella.
Fenech also alleged that he was subjected to intense pressure and intimidation by Melvin Theuma, telling police that Theuma had harassed him with photos of children and placed a firearm on his desk. The witness added that Fenech had ultimately paid out €500,000 to Theuma.
09:23 Recounting his early involvement in the murder probe, the witness testifies that his initial role in October 2017 focused on gathering local CCTV footage around Bidnija to hand over to court-appointed experts. On 18 October, he worked alongside Matthew Caruana Galizia to retrace the vehicle's usage and movements prior to the blast, while searching the fields surrounding the crime scene.
He confirms his role in the 4 December 2017 raid on the Marsa potato shed alongside Inspector Kurt Zahra, which led to the arrests of brothers George and Alfred Degiorgio and Vince Muscat.
The officer also detailed key moments following Yorgen Fenech's arrest in late 2019. He testifies that on 23 November 2019, he personally escorted Fenech to Mater Dei Hospital after Adrian Vella issued a medical referral.
He subsequently witnessed Fenech's formal police interrogation on 29 November 2019, during which Fenech was accompanied by defence lawyers Marion Camilleri and Gianluca Caruana Curran.
9:17 Good morning from Hall 22, where the trial by jury of Yorgen Fenech continues.