The Malta Independent 8 October 2026, Thursday
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Fenech trial - Defence probes investigator's knowledge of allegations on Schembri, Cardona

Thursday, 20 August 2026, 09:04 Last update: about 3 months ago

The morning session of the Yorgen Fenech trial was dominated by a sustained challenge from the defence over what Inspector Kurt Zahra knew about allegations involving former government officials, what investigators recorded during their questioning of Vince Muscat, and how much of the evidence he had personally examined.

The cross-examination also produced a sharp intervention by Judge Edwina Grima after Zahra acknowledged that he had accessed Facebook despite having been instructed to avoid all media coverage while giving evidence.

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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17:55 That is it from the prosecution's witness list, as Andrew Caruana Galizia was their last witness. Court has adjourned proceedings until 9am on Friday. Thank you for following, we will have a roundup of today's sitting on our website shortly.

17:52 The defence informs the court that they have between four and five witnesses expected to testify.

17:50 Andrew Caruana Galizia reflects on whether, knowing what he knows now, he would have wanted his mother to stop her work.

"Would I want to stop her? I wouldn't. I would warn her, but I would never tell her to stop what she was doing."

He remembers his mother as someone who made great sacrifices for her family.

"She was good company. She was funny. She was an interesting woman."

Andrew says he turned to her for advice on everything from family life and raising children to health.

"I miss her as a mother, but also as a friend, as an adviser, as a reference point in my life. It's hard to keep going without her."

The defence does not cross-examine him.

17:44 Andrew Caruana Galizia says that after his mother's murder, the family began coming across headlines linking her killing to diesel smugglers and other criminals.

"We sat down and decided on a legal strategy," he says.

He describes the family as extremely close, noting that he and his two brothers are only a year apart in age. He says years of pressure had strengthened their belief that they could face difficulties together.

"Because of the anger we suffered after my mother was killed, we found the energy to keep on working," he says.

Andrew adds that all three brothers experienced health problems.

17:40: The court rules that Caruana Galizia cannot testify about facts which were not presented during the compilation of evidence, and the jurors re-emerge in the court room to take their seats.

Prosecutors now ask Caruana Galizia about two weeks before his mother's murder.

He says that he spent the day at his parents' home in Bidnija and adds that this was the first instance where he became genuinely worried about his mother.

"She said, 'they are trying to fry me alive'", he tells the jury, adding that his mother was barely leaving the house and was parking her car behind the gate - which was unusual as it was not easy to park there.

"She was obviously worried about something," he says, as he noted that she was facing several legal threats and both public and political harassment.

He says that his mother had been receiving violent threats since she was 25, so it was something that they had grown used to as a family. 

The following Sunday, Caruana Galizia says that he went to a gardening festival before having lunch together, and that this was the last time he spoke to her.

When his brother Matthew called him that there had been an explosion involving a car and urged him to come to Bidnija, he says he tried to call his mother to no avail.  Caruana Galizia is visibly emotional as he gives this testimony, tears streaming down his face.

"At that point, I knew it was most likely my mum," he says.  He then picked up his father and drove to Bidnija.

17:24 Legal arguments continue to interrupt proceedings, with the jurors once again kept waiting while lawyers debate another point of law.

It is the third such interruption in roughly half an hour. When the door to the jury room briefly opens, some grumbling can be heard from inside.

During the lunch break, Judge Edwina Grima informed all parties that the jurors had expressed frustration over unnecessary delays.

17:12 Charles Mercieca raises another point of law, objecting to Andrew Caruana Galizia recounting what Siemens representatives allegedly told him. He argues that the evidence is hearsay and also conveys the representatives' opinions.

"Do you want us to summon an Electrogas representative?" he asks.

Mercieca further argues that Andrew is giving evidence on technical issues which would require expert knowledge.

Judge Edwina Grima tells prosecutors that she will not allow new evidence to be introduced at this stage of the trial.

"The witness should testify only about what he testified to during the inquiry," she says.

Judge Grima says that if prosecutors wanted Andrew to give evidence on additional matters, they should have called him to testify again during the compilation of evidence.

17:05 Andrew Caruana Galizia says that after his mother's murder, he and his brother continued looking into Electrogas and met shareholders in the consortium to gather further information.

He says Siemens described Electrogas to them as "a complete business failure", while Yorgen Fenech was still receiving millions of euros.

Andrew says there had been several red flags which he believed should have prevented the project from going ahead. Siemens held a one-third stake in the Electrogas consortium, while an Azerbaijani company was also among its shareholders.

16:59 Andrew Caruana Galizia resumes his testimony, telling jurors that his mother had access to Electrogas emails, including documents which had been scanned and circulated by email.

"My mother told me the new energy supply was the vehicle Yorgen Fenech used to receive funds from the government," he says.

Questioned about the family's actions after Caruana Galizia was murdered, Andrew says their first step was to seek Silvio Valletta's removal from the investigation.

"The first thing we did was file a constitutional case to remove Valletta from the investigation," he says.

The family then put together a legal team, filed a complaint against Keith Schembri over alleged leaks from the murder investigation and pressed for a public inquiry.

"She died investigating," Andrew says.

16:48 The court rebukes the parties over their conduct during today's exchanges, criticising the lack of respect shown by lawyers in the courtroom.

Judge Edwina Grima says that despite repeated warnings, lawyers have continued passing remarks in front of the jurors which could potentially influence their decision.

She warns that any further inappropriate comments or improper behaviour will result in action being taken against the lawyer responsible.

If necessary, that lawyer will be ordered out of the courtroom, she says.

16:46 The defence apologises for remarks made during the earlier heated exchange, but takes issue with prosecutors continuing to comment in front of the jurors after a point of law had been raised. It argues the jury should have been sent out immediately.

It also objects to the parte civile telling jurors that the victim is no longer able to speak for herself, arguing that such comments are dangerous and could influence the jury.

Prosecutors reject the defence's arguments, saying Andrew Caruana Galizia is giving evidence about matters he personally witnessed or experienced, including conversations with his mother and brother. They point out that he testified under oath that he had personally seen the agreement being discussed.

The prosecution also accuses the defence of having itself made legal arguments in front of the jury, and says it appears determined to prevent the victim's son from testifying about matters within his own knowledge and what his mother had told him.

Outside the courtroom, the waiting jurors can be heard complaining, although it is not clear what they are saying. Court-appointed expert Martin Bajada is seen heading into the jury room.

16:38 Objections from defence lawyer Charles Mercieca repeatedly bring Andrew Caruana Galizia's testimony to a halt.

Prosecutor Godwin Cini eventually steps in: "With all due respect, his mother is the victim. Let him testify. The witness lost his mother."

The intervention sparks an argument between the lawyers. Parte civile lawyer Jason Azzopardi takes issue with the defence's approach towards Andrew, prompting Judge Edwina Grima to hold him in contempt and fine him €50. The jurors are present throughout the exchange.

A legal argument then develops and the jury is asked to leave the courtroom.

With the jurors out, Mercieca refers to an earlier court ruling limiting witnesses from giving opinions. He also challenges Andrew's evidence about information he says came from his brother Matthew, on the grounds that Matthew did not give that evidence when he took the stand.

Azzopardi again stands up and loudly protests about how the defence is treating Andrew.

Grima orders him to lower his voice and show respect for the court, warning him not to behave "like a fishmonger".

16:35 Andrew says his mother believed 17 Black was connected to Yorgen Fenech while she was investigating the company's links to the Electrogas project.

He tells jurors that Fenech was an owner and director of Electrogas, featured in company emails and stood to receive millions of euros through energy supply arrangements.

"I saw the original emails leaked from Electrogas," Andrew says.

Some context: Daphne Caruana Galizia was murdered before 17Black's ownership was publicly established. Thirteen months after her assassination, a joint investigation by Times of Malta and Reuters identified Yorgen Fenech as the owner of 17Black.

16:28 Andrew Caruana Galizia says he was living in Floriana with his wife during the summer of 2017, after returning to Malta following eight years abroad.

He says he would visit his mother on weekends and occasionally meet her for lunch during the week. They generally did not discuss her work unless she was pursuing something particularly significant.

That summer was different, he says. The two worked together on leaks relating to Electrogas because of the scale of the story and the amount of work involved.

"This was a huge story. She was working 16 hours a day on this. She was looking for the people owning the company 17Black linked to Keith Schembri and Konrad Mizzi," he says.

"We used to talk about it all the time. I never wanted to know about the sources, but I knew she wanted to find out who owned 17 Black."

16:16 The court marshal informs Judge Edwina Grima that someone spoke to Andrew Caruana Galizia outside the courtroom.

The judge calls a member of the Caruana Galizia family into the courtroom and reminds them that witnesses giving evidence must not be approached.

"It is important that a witness who is under oath is never spoken to," Grima says.

The family member explains that they had left the courtroom because they found it too difficult to remain inside during the sitting.

16:10 Andrew Caruana Galizia has only just begun his testimony when defence lawyer Charles Mercieca raises a point of law.

Mercieca points out that Caruana Galizia's testimony during the magisterial inquiry was limited to the events of October 16, 2017, and that he did not testify during the compilation of evidence.

He also refers to the court's previous directions on witnesses giving opinions, including views on the reliability of other media organisations.

"These are all opinions and we cannot accept them. The prosecution knows this. I cannot understand why prosecutors continue asking certain questions," Mercieca argues.

16:07 The next witness is Andrew Caruana Galizia, who will testify in English, the last witness of the prosecution.

"I am the second son of Daphne Caruana Galizia. My mother was a journalist, an investigative journalist, and a magazine publisher"

Prosecutor Godwin Cini: "Can you give us a deeper understanding of her job?"

ACG: "She was an extremely trusted journalist... People didn't trust journalists working with large organisations, and it turned out that legal teams within organisations would limit information. My mother worked alone, she would publish more important information than other organisations, people would wonder why it was always her."

16:04 Before leaving the witness stand, Zahra answers a final round of questions from prosecutor Godwin Cini.

Cini asks which of Vince Muscat's statements contained his remark: "If Melvin hadn't come with the money, Daphne wouldn't have been killed."

The judge intervenes, saying it had already been confirmed yesterday that both versions were verified.

Cini then asks whether Melvin Theuma had one mobile phone or two when he was arrested.

"He had several phones," Zahra replies.

Asked whether the app used by Theuma recorded regular phone calls or calls made through apps, Zahra says he cannot answer.

Cini's final question concerns what George Degiorgio had said about payment for the bomb.

"In organised crime, people are normally paid for the job," Zahra says. He recalls Degiorgio saying he had spoken to Kevin Falzon, known as iċ-Ċoqqoq, who has since died, and had paid him €20,000 for the bomb.

And with that, Kurt Zahra's testimony comes to an end after two gruelling days on the witness stand.

15:57 With that final question, the defence concluded its cross-examination of Inspector Kurt Zahra.

15:56 De Marco asks Zahra whether police questioned the restaurant staff after Melvin Theuma stated that Yorgen Fenech asked him to commit the murder just after they left the Blue Elephant. Zahra replied that he did not question the staff himself and did not know whether Inspector Keith Arnaud had done so.

De Marco then asked if police checked flight data for the day Theuma claimed Fenech handed him a bag containing an envelope with money shortly before reaching the airport, roughly 15 days after the election. Zahra stated that Arnaud definitely checked the flight data, but explained that he could not recall the exact results of that check and preferred not to guess.

Turning to other contacts, de Marco asked if Zahra knew Assistant Commissioner Mario Tonna and whether he was aware that Theuma had gone to see him. Zahra confirmed that he learned during the investigation that Theuma had indeed visited Tonna. When de Marco asked whether they questioned Darren Debono, known as it-Topo, to verify if Theuma contacted him to get Alfred Degiorgio's phone number, Zahra explained that while Theuma's call data formed part of the evidence, checking that specific detail was not assigned to him, so he could not answer.

15:49 De Marco asks Zahra whether lawyer David Gatt visited the Degiorgio brothers in prison. Zahra replied that the prison phone calls involving Mario Degiorgio and his brothers George and Alfred took place before November 19, and noted that he was not part of that specific investigation at the time. When de Marco asked if Mario Degiorgio was ever questioned or faced criminal proceedings, Zahra confirmed he had never questioned Mario and no legal proceedings were taken against him.

Shifting to the source of the explosive device, de Marco asked who paid the Maksar brothers for the bomb used in the assassination. Zahra stated that he was not involved in that particular aspect of the case. When de Marco reminded him that he was a lead investigator in the Daphne Caruana Galizia murder case, Zahra acknowledged his role but clarified that he did not handle the bomb investigation itself, adding that he could only share what George Degiorgio had stated during the inquiry-specifically, that Degiorgio claimed he paid 20,000 euros for the bomb.

15:35 Inspector Kurt Zahra's cross-examination resumes, with the defence turning to an allegation by Alfred Degiorgio, il-Fulu, concerning a container of contraband cigarettes at the Freeport.

Copies of Vince Muscat, il-Koħħu's, statement are distributed to the jurors.

Defence lawyer Giannella de Marco refers to Muscat's statement, in which he says Degiorgio told him he had a container of cigarettes at the Freeport and had approached Melvin Theuma for help.

According to Muscat, this happened shortly after Caruana Galizia's murder, with Theuma allegedly asking for a week to sort out the matter.

When asked whether he remembers this exchange, Zahra replies: "Can you show me where I was present in this interrogation?"

She then directs him to page four of the printed out papers which were handed out, where his name is listed.

Zahra says the allegation concerning the container was investigated, although he was not personally involved in that investigation.

Police consulted Freeport officials, he says, but the investigation returned a negative result.

15:33 The defence and prosecution will be given due time to assess and analyse the hundreds of headlines in order to take further steps.

This concludes Bajada's testimony, and inspector Kurt Zahra returns to the witness stand.

15:21 Defence lawyer Giannella de Marco asked Bajada whether other online-only publications could have appeared on the tablets, to which Bajada replied that he would have noticed if any specific blogs had been accessed. When de Marco specifically asked about outlets like Amphora Media, Justice for Daphne, and The Maltese Herald, Bajada firmly stated that none of those were accessed, adding that he checked nine different news sites dating back to July 1 and confirmed that only a single headline mentioned the pardon - which appeared after the pardon had already been brought up in court during Fenech's shown statement.

Bajada acknowledged that this internet facility had been available to the jurors since the very first day of the trial, explaining that when jurors clicked on certain trial documents, Google's algorithm would sometimes automatically generate related news headlines. He also noted that he checked Google and YouTube activity, finding that the jurors primarily used YouTube to listen to music. When de Marco questioned how this access occurred in the first place, Bajada admitted it was a surprise to him as well, assuring the court that now that the tablets had been handed over, steps would be taken to fix the system.

15:14 Bajada took the witness stand to present his findings on a pen drive following Judge Edwina Grima's order to confiscate and analyse the jurors' tablets after defence complaints about media exposure.

Bajada confirmed that while the tablets could connect to the internet and allow jurors to see news headlines and accompanying images, access to full news websites was restricted. Clicking on an article prevented jurors from reading the actual story or even the byline, as the system treated the byline as part of the article content. His thorough examination covered 489 pages of browsing activity.

Out of all the records, Bajada found only a single entry related to Yorgen Fenech's request for a presidential pardon. However, he noted that this search occurred after the jurors had already watched Fenech's recorded police interrogation, during which the pardon was explicitly discussed. Additionally, Bajada confirmed that the jurors' tablets did not permit access to social media platforms.

The jurors cannot access social media from the tablets, Bajada tells the court.

15:07 Judge Edwina Grima is out of the chambers. 

Martin Bajada, IT expert takes the witness stand. 

13:12: The defence turns to a recording app which Theuma allegedly already had on his phone and used in connection with the illegal lottery.

Zahra says he was not involved in the financial crimes aspect of the investigation.

De Marco clarifies that she is not asking about financial crimes, but about the fact that Theuma allegedly had a recording app before Caruana Galizia's assassination.

She asks whether investigators checked if Theuma had been recording events as they unfolded, including whether he recorded Yorgen Fenech allegedly commissioning the murder.

Zahra says Theuma told investigators that he met Fenech at the Blue Elephant.

De Marco points out that Theuma had said Fenech called him, and asks whether Zahra ever questioned him on whether that call had been recorded.

"I don't remember him having recorded that kind of call," Zahra says, once again stressing that he does not recall.

De Marco presses the point further, asking Zahra whether, as an inspector, he had questioned why Theuma had a recording facility on his own phone but had apparently not recorded any of these significant details.

"I don't remember asking him," Zahra replies.

And with that, the court will pause for lunch.

The sitting is expected to resume at 3pm.

13:10: The defence now asks Inspector Kurt Zahra whether he can confirm why Melvin Theuma entered Castille through the main entrance rather than a side door.

"Didn't you think you should have asked Keith Schembri why Melvin Theuma was brought in through the main entrance?" de Marco asks.

"No. Someone else dealt with the phantom job. I did not question him about it. That was a task delegated to someone else," Zahra replies.

He stresses that this does not mean investigators did not consider the matter important or that it was not investigated by another officer.

13:00: De Marco continues reading from Vince Muscat's statement, in which he says: "C (Keith Schembri) and D (Chris Cardona) were involved."

Inspector Keith Arnaud (in the interrogation) asks Muscat whether Caruana Galizia would have been killed had Melvin Theuma not become involved.

Muscat replies that he does not know what would have happened, but believes "A (David Gatt) would have gone to D (Chris Cardona)."

Muscat then says Gatt had given them the go-ahead for Caruana Galizia to be killed and had gone to see them beneath the potato shed. He adds that the murder plan had already been set in motion in 2014 or 2015.

Muscat also says Alfred Degiorgio, il-Fulu, had gone to D (Chris Cardona) because he had previously handled at least one other matter for him.

When asked by Arnaud during the interrogation whether this concerned one case or several, Muscat says there was definitely one, adding that he would have to think carefully to remember whether there were others.

12:55: At the time, Vince Muscat was seeking a presidential pardon and had already begun providing information to investigators.

De Marco reads from Muscat's 18 January 2020 statement, in which he was asked whether Caruana Galizia would still have been killed had Yorgen Fenech and Melvin Theuma been removed from the equation and Theuma had not turned up with the money.

"I have no doubt," Muscat replied.

When asked to explain, Muscat told investigators: "A sent him to C." He also said: "I took him to D."

According to the defence, A referred to David Gatt, C to Keith Schembri and D to Chris Cardona.

At one point, de Marco appears to hold up the diagram in court.

Judge Edwina Grima orders her to lower it, stressing that the document does not form part of the evidence.

12:52: The defence continues questioning Inspector Kurt Zahra about this diagram police showed Vince Muscat, il-Koħħu, during his interrogation.

The diagram used letters as codes for individuals, allowing investigators to avoid mentioning certain names on the recording. Zahra confirms that this was the purpose of the diagram.

"We need to know who the initials referred to," de Marco tells the court as she continues questioning Zahra about the interrogation, during which Muscat was asked about a diagram containing the letters A, B, C, and D.

From the defence's line of questioning, C is alleged to have represented Keith Schembri and D to have represented Chris Cardona.

Zahra says investigators did not necessarily know who each letter represented, but de Marco insists their exchanges with Muscat indicate that they did.

Zahra says he cannot assume who Muscat was referring to when he said he had driven Alfred Degiorgio, il-Fulu, to a ministry.

He adds that, "If I had to assume... Chris Cardona, D represented Cardona"

12:41: The defence is now referring to a question Zahra himself put to Vince Muscat, il-Koħħu, on 18 January 2020.

Zahra had asked Muscat whether Daphne Caruana Galizia would have been killed had it not been for Melvin Theuma.

De Marco then turns to a diagram containing letters representing different names, without revealing in court who they refer to.

Zahra confirms the diagram.

When de Marco refers further to the document, Judge Edwina Grima points out that it does not form part of the acts of the case.

"I don't think I've ever seen this either," the judge remarks.

12:35: The defence now moves on to the 2015 plot, which ultimately fell through.

George Degiorgio testified about the plot earlier in the trial.

Inspector Kurt Zahra repeatedly stresses that his memory is "not perfect."

He does, however, confirm how the €50,000 payment connected to that alleged plot was divided.

12:22 De Marco asks Inspector Zahra whether hitman Vince Muscat stated that Chris Cardona and Keith Schembri were accomplices in the murder. Zahra replied that he remembered the opposite, noting that Muscat maintained the assassination would not have happened if Melvin Theuma had not shown up with the 150,000 euros.

When de Marco asked if the suspects knew about their impending arrests roughly five days beforehand, Zahra confirmed they did, noting that Theuma had informed them. De Marco then suggested that George Degiorgio had received a message from Keith Schembri telling them to keep their heads up, but Zahra stated he only associated that phrase with their arraignment rather than the advance warning of the arrest.

Zahra confirmed the chain of information regarding the arrest warning, stating it originated with Keith Schembri, passed to Yorgen Fenech, went to Melvin Theuma, and finally reached the Degiorgio brothers.

At this point, the judge intervened and questioned de Marco on the purpose of her line of questioning, noting that they were continually going over the same ground.

12:12 De Marco asks Zahra whether hitman Vince Muscat ever told investigators that Keith Schembri was behind the murder. Zahra replied that he did not recall Muscat saying that, though he noted he was not present for every interrogation.

De Marco then asked if Muscat mentioned that lawyer David Gatt used to visit the potato shed and make a "number one" gesture, and that when Muscat asked hitman George Degiorgio what it meant, Degiorgio explained that Gatt was referring to Schembri. Zahra confirmed that he remembered Muscat mentioning that detail. However, when de Marco asked if Muscat claimed Gatt returned to the shed after the murder to make the same gesture indicating Schembri was pleased, Zahra stated that Muscat never said that.

De Marco asked if Muscat stated that after Melvin Theuma spoke to Alfred Degiorgio about the murder, they went to Chris Cardona's ministry. Zahra confirmed he remembered that, clarifying that it happened a few days later rather than immediately afterwards, and that to his knowledge, they went once to obtain information.

Did Cardona make a phone call and then confirm to Degiorgio that there was a gang and €150,000 available to kill her, de Marco asks. Zahra replies that he remembers the phone call and said Cardona called someone to ask for information. 

12:00 Defence lawyer Giannella de Marco resumed her cross-examination by asking Inspector Kurt Zahra if he was aware of audio recordings in which Melvin Theuma stated that Keith Schembri kept pressuring him to kill Daphne Caruana Galizia.

Zahra responded that he only recalled Theuma mentioning that Schembri had sent Kenneth Camilleri over with bail money. Reaffirming his previous testimony, Zahra explained that he did not personally analyse the audio recordings, noting that while such matters might have come up during interrogations, he simply could not remember specific details from events that occurred six or seven years ago.

De Marco pressed further, emphasising that such a claim about Schembri insisting on the execution of the murder would have been an extremely important detail. Zahra answered that he did not remember.

11:55 Court back in session. The judge and jury are finally back in the courtroom, nearly two hours after what was supposed to be a 15-minute break.

The judge explains that one of the jurors is unwell. 

10:48 Court proceedings were paused for a 15-minute break, but the session has yet to resume.  IT expert Martin Bajada has emerged from the courtroom and told the parties: "The tablets are sorted." This concerns whether jurors had access to news headlines. 

10:09 The judge called a 15-minute recess.

10:07 Inspector Kurt Zahra returned to the courtroom and admitted that he had accessed Facebook, where he saw a post about a news article, took a screenshot, and read some of the comments, though he maintained he did not open the article itself.

The judge expressed strong disapproval, reminding Zahra of the clear instructions given to him to go home, speak to no one, and completely avoid any form of media coverage instead of being placed in formal sequestration. The judge noted that Zahra should not have viewed the Facebook post and was well aware that witnesses are not permitted to make unprompted statements or arguments directly to the jurors. Consequently, the judge announced that Zahra would be kept isolated during the upcoming break.

Zahra apologided, stating that he had always told the truth. 

10:00 Mercieca dictated his submissions for the record, pointing out that Inspector Kurt Zahra had been aware of concerns regarding a discrepancy between his testimony and that of hitman Vince Muscat, even though those concerns had not been raised in the presence of Zahra or the jurors. Mercieca noted that Zahra had addressed the jurors by claiming the defence accused him of perjury and that the allegation was false, while simultaneously claiming he had neither spoken to anyone nor read any reports. The defence argued it was deeply concerning that Zahra possessed knowledge of matters discussed outside his presence despite promising isolation, and that he had inaccurately framed those matters to the jurors.

In response, the court ordered the jurors to disregard Zahra's remark that the defence had accused him of perjury, stating it would provide appropriate directions on the matter later. Furthermore, the court issued a stern warning to Zahra, cautioning him that failing to comply with judicial instructions regarding media isolation could result in legal proceedings against him.

9:54 An audio recording between Johann Cremona and Melvin Theuma was played in court, in which Theuma can be heard saying, "I've forgotten how much I begged them to catch them before they killed her for you."

When questioned about it, Inspector Kurt Zahra reiterated that he could not answer detailed questions about the recording because Inspector Keith Arnaud was the one who reviewed the audio files, though Zahra acknowledged he could not rule out having heard them during Theuma's interrogations.

Following this, defence lawyer Charles Mercieca raised a formal point of law. Mercieca pointed out that Zahra had just referenced an accusation of perjury made by the defence and noted that Zahra had previously given his word not to follow media reports while his testimony was ongoing. Because that specific accusation had never been mentioned in Zahra's presence in the courtroom, the defence argued he must have learned of it from external sources, adding that it was unacceptable for a lead investigator who remembered so many other minute details to suddenly claim a failure of memory regarding such crucial information.

The judge then addressed Zahra directly, asking how he became aware of the defence's accusation of perjury and the court's subsequent decree if he had avoided media access. Zahra explained that while he had access to media, he deliberately chose not to read anything to avoid becoming anxious, maintaining that during a trial he isolates himself and does not follow the news or speak to anyone. He added that he was completely certain about what Vince Muscat ("il-Koħħu") had said and knew he had not lied because his memory of the facts was clear.

Following this exchange, the witness was asked to leave the courtroom while the legal point was addressed.

9:34 When de Marco pointed to a specific audio recording involving Theuma and Johann Cremona - where Theuma allegedly states that "he kept telling me to kill him" and heavily implicates Keith Schembri - Zahra stated that he had not listened to the recordings himself, explaining that Inspector Keith Arnaud handled them and that the investigative team divided tasks. Zahra added that in the single recording he did listen to, Yorgen Fenech frequently mentioned Schembri only because Fenech claimed Schembri was passing information to him.

When de Marco asked if Arnaud failed to keep him updated, Zahra replied that they communicated, but not about every single detail. As the exchange continued over the contents of the undisclosed audio file, the judge intervened, instructing de Marco to properly identify the specific recording for the witness.

9:30 de Marco asked Inspector Kurt Zahra to read a letter from Melvin Theuma again. Zahra acknowledged Theuma's words, noting that although Keith Schembri was arrested in connection with the murder of Daphne Caruana Galizia, Theuma consistently maintained during questioning that Schembri had nothing to do with it, insisting instead that Yorgen Fenech -referred to as Yorgen ta' Tumas - was the one who commissioned the crime.

Zahra explained that police arrested Schembri because investigators established that, on the previous day, Schembri had passed a letter to Fenech through Dr Adrian Vella, and they also discovered messages exchanged between Schembri and Fenech on Fenech's phone right on the eve of Fenech's attempted escape.

Shifting to phone records, de Marco asked whether police found missed calls from Keith Schembri to Yorgen Fenech when Melvin Theuma was arrested. Zahra replied that Fenech had claimed Schembri called him around 30 times on the day Theuma was arrested, but forensic extraction and phone analysis revealed only four or five missed calls from Schembri between November 14 and 15.

9:21 During the continuation of the cross-examination, defence lawyer Giannella de Marco returned to the subject of searches linked to Keith Schembri, reminding Inspector Kurt Zahra that Melvin Theuma had previously stated the murder order came from Yorgen Fenech, and asked what Theuma specifically said regarding Schembri's role. Zahra reiterated that throughout the investigation, Theuma consistently maintained that Fenech was the principal mastermind behind the assassination.

When de Marco pressed further by asking whether a letter written by Theuma suggested otherwise, Zahra said that he would not interpret the letter and suggesting instead that the document be read again so that the jurors could draw their own conclusions and interpret its meaning themselves.

09:14 Before the cross-examination of Inspector Kurt Zahra continues, the judge informed the parties that IT expert Martin Bajada's report was ready.

She says that all the headlines that appeared on the jurors' tablets since 1 July are currently being printed. A copy will be provided to both parties, after which the court will give them time to review and assess the material.


 



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