"Under Labour, no one can touch me".
Those words, attributed to Yorgen Fenech by Melvin Theuma, were among the most striking heard in court on Monday morning as a series of secret recordings brought the murder of Daphne Caruana Galizia back to the political environment in which it took place.
Theuma, the self-confessed middleman in the 2017 assassination who was granted a presidential pardon in exchange for information, will return to the witness stand as the prosecution continues presenting recordings of conversations he secretly held with Fenech in the months before their arrests.
Saturday's sitting saw jurors hear Fenech say he would "throw [Caruana Galizia] from a balcony with [Fenech's] own hands", while another recording captured him discussing possible prison sentences for himself, Theuma, and the three men accused of carrying out the murder.
In another exchange, Fenech appeared to establish three tiers of imprisonment: 10 years for the hitmen, seven years for himself, and five years for Theuma. Questioned from the witness stand, Theuma confirmed that the numbers being discussed referred to years in prison.
Fenech 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, Giannella de Marco 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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18:05: Jurors hear another recording - though this one needs to be slowed down by a court expert in order for even Theuma to understand what is being said.
He heard Fenech say "those guys in there are not happy", and says that this is a reference to the Degiorgio brothers.
The prosecution is keen to continue, but the judge decides that it's time to end proceedings for today.
The trial will continue tomorrow at 9am, thank you for following.
17:45: Another recording is played out. Theuma tells jurors that here he was asking Fenech to ask Schembri about the investigation into him, and Fenech replies by telling Theuma that the investigation into him is over - "dead."
Theuma tells jurors that he did not feel reassured by that and that he felt close to being arrested.
The same recording also features a discussion between the two about which Judge was going to be assigned the Degiorgio trial. Theuma says that he had heard that Judge Aaron Bugeja was going to be assigned the case, but can't remember from where he had heard it.
In the end, Edwina Grima - who is presiding over this jury trial too - was the one selected for it.
17:25: The recordings are barely audible inside the courtroom - and the next one is no different.
Theuma explains that this particular recording featured Fenech warning him to check whether his phone was set to automatically back up its WhatsApp messages, noting that Fenech had said that his wife's did that.
Raymond Aquilina, who headed the police's anti-money laundering unit, is also mentioned within the context of a sanction letter for a property in San Gwann.
17:00: The hearing resumes with more recordings.
The first one is barely legible, but Theuma explains that it was taken when he picked Fenech up from the airport and complained to him that Enemalta were giving him trouble to get electricity hooked up in a field he owned.
Theuma says that Fenech called up Keith Schembri's secretary Charlene Farrugia Bianco to rectify that issue.
Another snippet has Theuma telling Fenech about one of the monthly vigils that was in Valletta to commemorate Daphne's death. "I would sometimes see her mother and father at the front of those crowds, and I'd think to myself 'What have I done to these people?'" Theuma tells the court.
A further recording shows Theuma telling Fenech that Johann Cremona had advised him to change his phone because it had been tapped. Asked by the prosecution, Theuma tells the jury that Keith Schembri had given Cremona this information.
16:15: The next recording again features Theuma and Fenech, and refers to searches for Alfred Degiorgio's burner phone, which had been dumped in the sea.
"No, nothing. If they wanted to find the phone, they would have," Theuma is heard on the recording telling Fenech.
Chris Cardona features in another snippet of the recording, and Fenech refers to a "mate" in this conversation - the "mate" being Keith Schembri, Theuma tells the court.
On that note, the court orders a 20-minute break.
15:48: In the recording, Theuma expressed doubt that a pardon would be granted at that stage, prompting Fenech to advise him to take his family away for a few days so he would stop worrying. Theuma testified to the court that this exchange took place when Fenech gave him money for a family holiday, noting he had previously testified that Fenech provided him with 5,000 euros for a trip to London with his family.
15:45 As reporters in the courtroom gallery found the remainder of the previous recording unintelligible, the court moved on to another low-quality recording, which Theuma told jurors dated back to a time when then-deputy police commissioner Silvio Valletta was scheduled to meet Yorgen Fenech at Portomaso amid discussions that Valletta would be removed from the murder case. Theuma claimed that Valletta and Fenech would hang out to "drink a whiskey and have a chat," and while the audio was unclear, the recording included mentions of an "SMS" and "one of the brothers" texting "Cardona."
15:30 Court resumes with another difficult-to-hear recording featuring a conversation between Yorgen Fenech and Melvin Theuma, in which Fenech remarked that sometimes it would be better if "they left" after discussing whether they were going to stay, prompting Theuma to agree and state, "I want them to leave," which Theuma later confirmed to the court was a reference to the Degiorgio brothers.
12:58 Court has adjourned for the lunch break. We will be back with live coverage at 3pm.
12:57 Prosecutor Godwin Cini asks Theuma why he said Johann Cremona was present when he handed €60,000 to Mario Degiorgio. Theuma explains that the payment took place at Cremona’s garage in Qormi. Theuma becomes increasingly agitated as he speaks about his relationship with Yorgen Fenech.
"I lived my life with him," he says. "He used to tell me that whatever happens, we'll get through it." Theuma strains his voice as he speaks, prompting the prosecution to urge him to remain calm and take care of his voice.
12:54 Theuma and Fenech are heard discussing the Degiorgio brothers' prospects of being granted bail. At one stage, Fenech says that if the brothers were released on bail, they would be out of Malta within a week, while he would move to London with his family.
Their conversation also turns to Judge Consuelo Scerri Herrera. Questioned about the reference in court, Theuma says Ryan Farrugia, the partner of his partner's daughter, owned a farmhouse next to the judge's. Theuma says he once spoke to Scerri Herrera, who told him the Degiorgios would probably be granted bail eventually. Theuma says he had always been honourable in his dealings with Fenech and was prepared to repay the €60,000 in monthly instalments of €5,000.
"I didn't want to act like a swindler with Yorgen... he was only involved through the €150,000 he gave to me for the Degiorgios."
Theuma explains that he wanted to keep the Degiorgios quiet because he was their sole point of contact in connection with the murder. According to him, the brothers only learned of Yorgen Fenech's involvement through news reports.
12:27 Theuma testifies that he did everything he could to keep the Degiorgio brothers quiet, but found their demand for €60,000 to be a significant financial burden, though Yorgen Fenech insisted they could not abandon the brothers and ultimately covered the amount himself. While Theuma stated he was comfortable providing the family with basics like meat, the €60,000 request was excessive.
12:19 Court resumes with another recorded conversation that initially featured a Portomaso receptionist and Toni l-Gigu, a former Tumas Group employee, before transitioning into a discussion between Melvin Theuma and Yorgen Fenech about a Swieqi flat Theuma bought. Later in the recording, Theuma told Fenech that if the Degiorgios were granted bail, he would confront Mario Degiorgio and remind him of the extensive funds he had provided for the brothers, which exceeded the initial €150,000 paid for the murder. Durting one conversation, Fenech warned Theuma to be careful with his telephone, to which Theuma replied he was not using it at all except for WhatsApp, noting that Fenech constantly warned him about mobile phone security. Additionally, Theuma testified that he had used €60,000 of his own money to pay Mario Degiorgio for George Degiorgio's partner, an expense that Fenech subsequently reimbursed him for.
11:35 The defence raised a legal objection regarding the prosecution's line of questioning, arguing that the questions were too direct. The prosecution countered that they were simply attempting to establish context. Judge Edwina Grima addressed the dispute by referencing a previous decree on the matter, clarifying that while the prosecution is permitted to read sections of the transcript and ask the witness to clarify specific conversations, they are not allowed to repeatedly ask the same question. Additionally, Judge Grima informed the courtroom that she will explain the presidential pardon granted to Theuma to the jurors. Following this exchange, the court officially adjourned for its break.
11:30 Theuma testifies that his life was upended following the murder, describing a daily routine where he spent mornings meeting with Johann Cremona and occasionally visiting Mario Degiorgio or Yorgen Fenech. He abandoned his job and retreated to his home by noon due to a deep discomfort with being outside.
10:59 Theuma testifies that Fenech instructed him to assure Mario Degiorgio that financial support for the brothers would continue until the very end. Later in the recording, Fenech claimed that Daphne Caruana Galizia's laptop contained references to 300 people who had a motive to harm her, and alleged that her family had an interest in muddying the waters by sending the device to Germany. Furthermore, Fenech told Theuma that the journalist's husband and her son Matthew were involved in the murder because they left her car outside the house.
10:35 Theuma explains that a discussion in the recording about €75,000 paid to the Degiorgios' lawyer stemmed from the fact that Fenech was the main mastermind who had paid Alfred Degiorgio €150,000, noting that the Degiorgios had no chance of getting bail before the compilation of evidence concluded. Theuma adds that Fenech preferred to keep matters between the two of them to avoid involving more people, having already admitted his mistake and remarking that seeking help from the prime minister would multiply that error threefold.
10:25 Theuma testifies that Yorgen Fenech named several potential accomplices during their conversations, suggesting people like "Tad-diesel" and "il-Bona," and even attempting to pin the plot on Daphne Caruana Galizia's son by claiming he left her car outside on purpose. Theuma adds that Johann Cremona also brought up multiple names, noting one instance where Cremona said lawyer Arthur Azzopardi received 100,000 euros for Vince Muscat ("Koħħu") but failed to hand it over before Muscat was imprisoned. Reflecting on these exchanges, Theuma felt Fenech possessed information he was keeping to himself. Furthermore, in another recorded conversation, Fenech told Theuma that only Chris Cardona could assist them due to his influence in judicial circles, adding that Mario Degiorgio had approached Cardona for help but was ignored.
10:15 Theuma testifies that in the recording he remarked that Vince Muscat ("Koħħu") was the only one who could expose him, adding that Johann Cremona frequently assured him that Muscat and the Degiorgios were comfortable with the money they received in prison. Additionally, Theuma stated that Fenech claimed others were involved in the plot, once showing him a photo of a man from Birkirkara whose name began with a "B" and describing him as a middleman who did what Theuma did, but for Chris Cardona.
10:09 Theuma told the court he believed the FBI had gathered substantial evidence against the Degiorgio brothers and Vince Muscat, even though Fenech insisted the FBI had nothing on the two of them. Theuma recalled Mario Degiorgio -brother of the Degiorgios - telling him that David Gatt had warned that exposing Chris Cardona's involvement would make the brothers suffer. Additionally, Theuma testified that Mario Degiorgio mentioned a man named Ramon who had passed €3,000 to the brothers.
9:52 Cini asks Melvin Theuma if he ever heard Yorgen Fenech admit to being the main mastermind, to which Theuma replies affirmatively, stating that Fenech frequently admitted to messing things up and paying for Daphne Caruana Galizia to be killed. In another part of the recorded conversation, Fenech remarked that Caruana Galizia's laptop would likely cause more confusion since she had written against everyone in Malta, believing that everything possible had already been leaked from the device while it was in her family's possession, whereas Theuma testified that he was personally far more concerned about the Degiorgio brothers talking than about the laptop.
9:40 As Cini continued reading the transcript, Theuma recalled Fenech expressing disbelief over the prosecution's case against the Degiorgio brothers and Vince Muscat following their December 2017 arraignment, insisting that a trial would never happen quickly and claiming the prosecution wouldn't win in a hundred years.
9:37: Melvin Theuma noted that he had previously advised Yorgen Fenech to speak to then-Prime Minister Joseph Muscat about the murder because of his power, referencing Keith Schembri and Muscat in the conversation. Theuma testified that Fenech used to tell him "under Labour, no one can touch me," but Fenech rejected the idea of speaking directly to Muscat, stating it would be the biggest mistake of his life. Additionally, Theuma told the court that Fenech had remarked on a separate occasion that had he known how much the situation would escalate, he never would have done it.
9:33 Melvin Theuma testifies that he had been nervous about Daphne Caruana Galizia's laptop, noting that both he and Yorgen Fenech knew at the time that the laptop was with the German authorities. Prosecuting lawyer Godwin Cini read from the recording's transcript, highlighting that Fenech had told Theuma the laptop would likely lead investigators to several potential suspects. Theuma also informed the court that he had spoken to Mario Degiorgio, the brother of hitmen Alfred and George Degiorgio, regarding bail, and clarified that he had placed his recording device inside a newspaper that day, which accounted for the poor audio quality, while correcting his earlier statement to note that he and Fenech were likely at Portomaso rather than on their way to Żebbuġ.
9:20 A new secret recording of a conversation between Melvin Theuma and Yorgen Fenech inside a car - evidenced by the sound of car indicators ticking and a safety belt clicking - was played, with Theuma confirming the voices belonged to him and Fenech as they drove to Fenech's Żebbuġ farmhouse and discussed Daphne Caruana Galizia's laptop. When prosecuting lawyer Godwin Cini asked Theuma why he was heard telling Fenech "You're so calm," Theuma explained he felt Fenech was being overly calm and not paying attention, to which Fenech replied, "If you're not calm, you're not in control of everything." Theuma testified that Fenech was referring to the murder, adding that Fenech also told him he was caught between four walls and could do nothing else except keep calm.
09:10 Melvin Theuma is seated in the middle of the court room facing the judge. He once again swears to say the truth and nothing but the truth, sitting with his back to the defence and the accused.
The prosecution begins its questioning by introducing a new recording between Theuma and Fenech.
09:05 Melvin Theuma is set to continue his testimony today