As the trial of Yorgen Fenech reaches its thirty-seventh day on Wednesday, state witness Melvin Theuma faces cross-examination by the defence.
Following four days of direct questioning by prosecutors, defence counsel will now take their turn.
Throughout the proceedings, jurors have listened to Theuma detail how Fenech ordered the murder to prevent an impending publication, commissioned the killers, funded the operation, delivered additional payments after the arrests, and advised him on evading investigators.
The court has also reviewed numerous secretly recorded conversations and text messages exchanged between Fenech and Theuma.
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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11:14 The court ordered a short break.
11:13 Melvin Theuma acknowledged knowing police superintendent Mario Tonna, admitting he would ask Tonna - even after he left the police force - if his phones were being tapped, to which Tonna would typically respond either negatively or that he did not know. Jurors were then played a recording of a phone call between Theuma and Tonna where Theuma asked him to check for phone taps, with Theuma explaining under questioning that he could not recall which of his roughly seven different phones he had used, as he frequently swapped them because of his illegal lottery operation. Theuma also confirmed visiting the police depot to speak with Tonna - who held the rank of assistant commissioner at the time - right after the Degiorgio brothers were arrested, explaining that he went to inquire about seized phones because he was anxious they would find Alfred Degiorgio's burner phone used for their communications.
11:04 De Marco asks Theuma about the day Yorgen Fenech first called him regarding the murder, and Theuma recalls that at around 4:30pm while he was in Żurrieq, Fenech summoned him to the Blue Elephant restaurant at Portomaso to ask about George Degiorgio ("ic-Ċiniz") and instruct him to have Daphne Caruana Galizia killed because she was going to publish information about his uncle Ray, prompting Theuma to call Alfred Degiorgio.
De Marco asks if Theuma had the phone number of the police commissioner, Lawrence Cutajar, to which Theuma replied in the affirmative, explaining that Cutajar had previously been an inspector in Marsa where the racehorses took place, and Edgar Brincat ("il-Ġojja") had given him the contact.
Asked how the commissioner's contact was saved in his phone, Theuma stated it was saved as "MRC" for Malta Racing Club, following instructions from Brincat.
10:52 Theuma says that he had placed bets on the Labour Party being re-elected. When De Marco reiterated that he was deeply concerned about losing his phantom government job, she read out a chat message in which Theuma wrote to his stepdaughter, "I hope she dies, that XXXX.... Let's see if she ends up ruining my cheque," to which his stepdaughter replied, "She likes to stick her nose into other people's business." In court, Theuma acknowledged that he was indeed referring to Daphne Caruana Galizia in those messages, stating that the exchange likely took place after Fenech had already engaged him as the middleman for her murder.
10:44 Theuma explains that his meeting in Keith Schembri's office was brief given Schembri's high-ranking position at the time. When De Marco asked if he thought he held power because Schembri gave him a job he did not want, Theuma maintained that Yorgen Fenech was the one who arranged it, adding that when he told Fenech about the position, Fenech simply said it was an opportunity to make some extra money.
Theuma denied Schembri's assertion that he had asked for the job and insisted that Schembri explicitly told him he did not need to report for work. When questioned about whether he bragged to his stepdaughter Shianne about having power, Theuma acknowledged he may have mentioned it, noting that getting paid without having to show up for work constituted power.
Theuma admitted he worried about losing the position, recalling that he called Fenech when his paycheck was delayed and Fenech promised to make a phone call to sort it out. When De Marco suggested he viewed Fenech as a "gravy train," Theuma pushed back sharply, pointing out that Fenech had given him €150,000 to have Daphne Caruana Galizia killed from which he made not a single cent, ultimately leaving him out of pocket.
10:37 De Marco asked Theuma when he met Schembri again following their encounter at the ranch, to which Theuma replied it was a few days later, after Yorgen engaged him to have Caruana Galizia killed. Noting that the general election was announced on May 1, De Marco pointed out that two to three weeks prior would be mid-April, leading Theuma to confirm he visited Castille around that time. When asked if he had ever been to Castille before, Theuma said he went subsequently to speak with Charlene Farrugia Bianco, Schembri's secretary.
De Marco sarcastically remarked that Schembri had met him on the stairs "like a head of state," which Theuma confirmed. Theuma added that Sandro Craus had called him the day before without mentioning a job, though Yorgen had told him Craus would call. After visiting Castille, Theuma called Yorgen to say Schembri had given him a job, and Yorgen replied that he already knew. When De Marco brought up the photograph taken in Schembri's office with a picture of Joseph Muscat visible behind them and noted how closely Theuma was holding him, Theuma sarcastically retorted, "Because I love him."
10:30 De Marco turned her questioning to Yorgen Fenech's Żebbuġ ranch and asked what was discussed when Theuma met Keith Schembri there, specifically questioning if they spoke about Daphne Caruana Galizia. Theuma replied that Schembri never mentioned her, adding that even if she had been brought up, he did not know who she was at the time. When De Marco asked if that was because he only knew her from driving her home - referring to Theuma's previous testimony that he once gave her a free taxi ride from Portomaso after her tyres were slashed because he felt sorry for her - Theuma confirmed it. De Marco then asked if they discussed Schembri's cancer during the gathering, to which Theuma responded that he did not know.
10:20 De Marco pointed out that the car belonging to the boyfriend of Theuma's stepdaughter, Ryan, had been set on fire, which Theuma claimed was merely collateral damage from a neighbouring vehicle. However, when De Marco suggested the arson was carried out by Alfred Degiorgio's gang and brought up text messages where Theuma had warned his stepdaughter to move the car because "Il-Fulu is involved" and there would be "chaos in the street," Theuma first claimed he could not recall the messages before saying he had only been joking about Fulu's involvement. This prompted De Marco to accuse Theuma of lying and highlight that his advanced knowledge of the attacks proved his close ties to the criminal network. Theuma denies he had close contacts with Alfred Degiorgio.
10:05 During cross-examination, De Marco shifted her questioning to the period around Daphne Caruana Galizia's murder, noting the frequency of car bombs at the time, which prompted Melvin Theuma to recall explosions involving Victor Calleja ("ic-Chippy") - who died in a January 2017 car bomb as Theuma and Yorgen Fenech were heading to France - and Romeo Bone, who lost limbs in a similar blast a month later, with Theuma adding that Fenech had specifically instructed him to tell Alfred Degiorgio ("Fredu") that Caruana Galizia had to die and should not end up like Bone. When De Marco brought up other explosions, Theuma stated he knew nothing about them, and while De Marco suggested that frequenting Marsa should have helped him connect the dots, Theuma insisted his time was spent around the Marsa racehorses rather than the potato shed.
10:01 As De Marco continued pressing Theuma about the HSBC and casino heists, Theuma maintained he had no involvement and made nothing from exchanging Darren Debono's US$3,000, other than merely suspecting where the funds originated. Moving on to his presidential pardon, Theuma admitted he signed it without reading it though his lawyers advised him to tell the whole truth, but when questioned about why he chose not to testify in the phantom job case - a refusal that led to his previous testimony being declared inadmissible and resulted in the acquittal of accused individuals like Yorgen Fenech and Keith Schembri - Theuma explained he simply followed the magistrate's guidance after being told he could not testify, and additionally denied shaking Keith Schembri's hand when they crossed paths in court.
9:46 De Marco continues to ask about the botched HSBC heist in Qormi. Theuma says he ended up having to break into his own property around three weeks later.
9:42 De Marco questioned Theuma about where Darren Debono ("it-Topo") hung out, prompting Theuma to reply that he frequented White Stars in Marsa and occasionally the potato shed where Alfred Degiorgio ("il-Fulu") would be. Theuma insisted he only visited the shed around three times despite De Marco suggesting otherwise. Turning to the failed 2010 HSBC Qormi heist, which involved a shoot-out with police, Theuma stated he knew for sure that it-Topo had been wounded. When De Marco asked why the men wanted to rent a flat from him at the time, Theuma explained there was no formal contract and he simply rented it to them without asking questions, adding that he only realised something bad had happened when he went to the property and found it-Topo bleeding from a bullet wound to the face.
9:32 As defence lawyer Gianella De Marco pressed further on the 2007 robbery, Theuma recalled that the laundered sum consisted of €20 notes, for a total of €60,000, leading De Marco to point out that Malta did not introduce the euro until 2008. When De Marco then implied he was also involved in the Casino di Venezia heist, Theuma explained he had merely exchanged 3,000 US dollars for Darren Debono ("it-Topo") and had fully disclosed everything to police to ensure he was covered, before saying while he had nothing to do with any robberies, he was indeed involved in the murder because Yorgen Fenech engaged him, as well as in illegal betting.
9:26 De Marco suggests that Melvin Theuma was indirectly involved in the 2007 HSBC bank robbery in Balzan where approximately one million euros was stolen, a claim Theuma denied, explaining that George Degiorgio had merely asked him to launder around €60,000 in brand-new cash that he could not use. While Theuma stated he did not explicitly know the money came from the robbery at the time, he assumed it was from somewhere dodgy and later reported it to the police on his lawyer's advice.
9:20 Defence lawyer Gianella De Marco asks Melvin Theuma about his acquaintances, noting that Lawrence Pace ("il-Lolly") had claimed Theuma knew the Degiorgio brothers and Vince Muscat since childhood. Theuma denied this, explaining that he only got to know Alfred Degiorgio and Darren Debono ("it-Topo") when he rented a flat to them, and disputed spending much time at the Marsa potato shed, clarifying that he merely visited a nearby bar instead. When De Marco asked if he knew David Gatt, Theuma stated he did not recognise him and had only seen him around the courthouse, where Gatt said hello and a police escort identified him as the lawyer David Gatt.
09:15 The defence requests that the chair Theuma is sitting on (which was previously placed with his back to the defence) be turned so that the defence is able to see his face.
"I'd like to see him a little bit", defence lawyer Gianella de Marco says.
It seems that de Marco will be taking the lead in this cross-examination.
The judge says he's fine as he is.
"It's the jury that needs to see him," she says.
Theuma shifts his seat slightly towards the defence side but remains facing the judge.