Yorgen Fenech is testifying in his own trial after Judge Edwina Grima earlier ruled that there are no grounds for the trial by jury to be dissolved.

Judge Grima gave her decree at the start of the afternoon session after the defence requested the dissolution of the trial by jury.

The defence argued that jurors had been exposed to newspaper headlines via tablets provided for them by the court, and had been therefore influenced.

The prosecution argued otherwise, saying that the headlines represented what had been said in court.

In her ruling, the judge said jurors will be given direction on what information they can take are allowed to take into consideration, she says.  

Soon after the ruling was delivered, Yorgen Fenech took the stand as the defence's first witness.

It is highly unusual that the accused testifies.

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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18:08 At that point, the judge intervened to stop the testimony, concluding the court session for the day. 

18:06 Yorgen Fenech denied taking drugs with his brother in Gozo, explaining that his brother picked him up the following morning, which was a Sunday, and brought him back to Malta.

According to Fenech, that same day Keith Schembri visited his uncle Ray and left him in a panic. Fenech stated that while his uncle knew nothing about Melvin Theuma and Schembri did not reveal Fenech's involvement in the case, Schembri told his uncle that Fenech was not in the right frame of mind. Fenech added that his uncle subsequently called him in a panic and urged him to pack his bags and leave the country.

18:03 Yorgen Fenech testified about how Dr Adrian Vella became involved in the events surrounding his attempted departure, explaining that Vella called him from speakerphone with Keith Schembri present before coming directly to Fenech's house. According to Fenech, Vella told his wife he needed to take Fenech away because the media was about to publish a story about him.

Fenech stated that he quickly packed a bag, leaving his phone and money behind, and drove toward Gozo with the doctor. On the way, Vella told him that while it was none of his business what Fenech was up to, he needed to snap out of it, adding that he had spoken with Schembri and they believed it would be best for Fenech to disappear for a while. Fenech noted that he immediately understood what was happening because Melvin Theuma had been arrested just the day before.

Fenech testified that Vella informed him a boat had been arranged to take him to Tunis, an option Fenech flatly refused. When they called Schembri, Schembri told him, "I'll miss you," but Fenech reiterated that he was going nowhere.

According to Fenech, Vella gave him a mobile phone, provided some Ativan for anxiety, and told him he would be quiet and alone in Gozo before returning the next day with Fenech's brother. True to his word, Vella returned the following day alongside Fenech's brother and his passport, telling him he had the option to leave if he wished. Fenech stated that Vella also mentioned Edward Gatt, Keith Schembri's lawyer, was willing to represent him, but Fenech refused, insisting he wanted his own attorney, Gianluca Caruana Curran.

Fenech said that by that evening, paranoia set in - fuelled by his drug use and frame of mind - causing him to wonder why he was isolated in a farmhouse alone. He called his brother and instructed him to come pick him up first thing in the morning without telling anyone.

17:53 Fenech testifies that he informed Keith Schembri about Melvin Theuma's letter and added that Theuma had also handed over his government job contract along with a USB drive containing secret audio recordings, some of which featured Schembri's voice.

Fenech stated that Schembri listened to those recordings on at least two separate occasions - once via the USB drive Fenech provided and another time when they were played for him by the police commissioner. Fenech expressed his belief that Theuma never truly destroyed the recordings, asserting that they likely still exist. According to Fenech, upon learning about the recordings around October 2018, Schembri was utterly shocked and went cold.

Fenech recalled that a few weeks later, Theuma visited his office, dropped to his knees, and confessed that he had messed up. Fenech described himself as too nice a guy, noting that they patched things up despite the fact that Theuma was actively implicating him, while acknowledging the compounding difficulty of relying on Theuma to source drugs during such a tumultuous period.

17:50 Fenech testifies about a letter written by Melvin Theuma in 2018, explaining that while he already knew Theuma was recording him, he had no idea Theuma was going to implicate him in the murder. Fenech stated that upon finding out, he was deeply upset and tried everything to calm Theuma down, offering him friendship and providing him with money.

According to Fenech, the financial demands started in April when Theuma came to his office claiming that the brother of the Degiorgio brothers needed a 50,000 euro loan. Fenech said he consulted Keith Schembri, who told him to do him a favour and give Theuma the money, which he did.

Fenech then described how the issue of bail for the Degiorgios arose, noting that Schembri had promised money for their bail. Fenech stated he knew nothing about it until Theuma informed him that bail would cost 60,000 euros. Fenech gave him the money and informed Schembri, who later sent his driver with a Reebok bag containing 75,000 euros to cover it.

Fenech claimed that following the letter, Theuma began aggressively extracting money, visiting his office in October 2018 in a blind rage and declaring he was fed up with being played. Fenech recalled reading the letter and seeing his own name on it, noting the convenient absence of any recording from that specific day. While he stated he was not afraid of Theuma personally, he admitted that the blackmail left him fearful and fully realising the mess he had been dragged into.

17:46 Fenech says he heard police were planning to raid and arrest Melvin Theuma in February 2017, claiming that Europol was pushing for the raid but that the police commissioner at the time was resisting it.

Fenech added that Theuma used recorded phone calls as a form of blackmail, noting that he had done the same to other taxi drivers. According to Fenech, once Keith Schembri became aware of this behaviour, he panicked.

17:40 Yorgen Fenech testifies about his relationship with Dr Adrian Vella, explaining that Vella had been his family's doctor since childhood and that Fenech had introduced him to Keith Schembri when Schembri needed medical care.

When questioned about how information regarding Melvin Theuma's arrest date was obtained, Fenech stated that Theuma initially informed him of it, after which Schembri provided further details. Fenech added that Theuma complained his family might end up arrested and that Fenech replied he would try to help, though there was only so much he could do. Fenech claimed that Theuma ultimately obtained his own inside information from what he termed a disgraceful police commissioner through Edgar Brincat. He is referring to former police commissioner Lawrence Cutajar. Fenech immediately apologises to the court for his comment. "I am sorry, I am sorry."

17:33 Yorgen Fenech testifies that data was stolen rather than leaked from the Electrogas consortium, noting that company COO Catherine Halpin informed him of the theft in 2017 and it was reported to the police. He stated that lawyers warned them the stolen files contained sensitive documents involving banks and clients that could not be allowed to fall into third-party hands, and added that a magisterial inquiry into the matter remains ongoing.

Addressing the ownership of 17 Black, Fenech confirmed that he solely owned the company and that it had no connection to Electrogas. He explained that he opened the company in the United Arab Emirates because he planned to do business there, maintaining that it was never intended to be a secret entity.

17:28 Yorgen Fenech details the corporate structure of the Electrogas consortium, explaining that ownership was split equally at 33% each between Siemens, Socar, and a Maltese consortium comprising his own family alongside the Gasan and Apap Bologna families. Fenech served as the representative for the Maltese shareholders and confirmed that Siemens and Socar remain part of the venture, describing the initiative as likely "the most scrutinised project in all of Europe." 

17:15 The judge and jury return to the courtroom. 

Fenech can resume his testimony. 

16:56: The judge paused the testimony until 5:15 PM. 

16:55 When defence lawyer Giannella de Marco pointed out that Yorgen Fenech did not sound scared in the recording where he acknowledged being recorded, Fenech explained that he was heavily abusing drugs at the time to numb the unbearable reality of his situation. He stated that his true problem was not the drugs themselves, but the people he had surrounded himself with. Fenech shared that he went to therapy and attended rehabilitation in the UK twice, only to relapse upon returning, and admitted that he would sometimes buy drugs directly from Melvin Theuma.

Sobbing, Fenech expressed deep remorse, stating that he had slowed down at work, abandoned his family, breached his wife's trust, and hurt her deeply. He reflected that his life was essentially over at that point, believing that if police had not arrested him, he would have wound up dead because he lacked the emotional tools to deal with those individuals. Visibly overwhelmed, he repeated, "I made a mistake. I made a mistake."

16:51 Fenech testifies that he and Johann Cremona ran a small business together operating seven or eight betting shops. One of those shops was located in Qormi in a property rented from Melvin Theuma, for which they paid approximately 7,000 euros a year in rent. Fenech firmly denied claims made by Theuma that he secretly kicked back a portion of that rent money to Fenech. 

16:45 De Marco pointed out that in one of Melvin Theuma's secret recordings, Yorgen Fenech clearly indicated that he knew Theuma was recording him.

Fenech explains that this awareness arose around the time Vince Muscat began speaking to the police and when Keith Schembri sent Kenneth Camilleri to meet with Theuma. Fenech testified that there was some sort of promise made to somehow arrange bail for the Degiorgio brothers and Vince Muscat (known as i-Kohhu), alongside promises that Schembri would provide them with money, which Theuma claimed amounted to 1 million euros.

Fenech added that he pieced all of this information together gradually, noting that Melvin would tell him one part of the story, Keith Schembri another, and Johann Cremona yet another.

16:43 Fenech testifies that Melvin Theuma became increasingly difficult to manage, frequently parking outside his office in a panic and threatening to go to various locations, including the Office of the Prime Minister at Castille.

According to Fenech, around April 2018, Keith Schembri instructed him to tell Theuma that one of the hitmen was speaking to lead investigator Keith Arnaud. Fenech stated that Theuma flipped out upon hearing this, accusing him of betrayal and becoming fixated on the belief that Fenech was working in cahoots with Schembri.

16:40 Fenech explains that he agreed to relay the messages out of a misguided sense of loyalty to a friend who had supported him during his father's illness. He noted that while they never did business together, Schembri had helped him greatly, and Fenech had looked up to him. He acknowledged that he knew he had messed up and had ended up between a rock and a hard place.

Fenech testified that the immense stress drove him to drug addiction, a development he found particularly painful given that he had spent his life opposed to drugs and had witnessed his own brother struggling with drug abuse. Fenech confirmed that his brother, Franco, passed away earlier this year.

16:36 When de Marco asks Yorgen Fenech how he became entangled in the case, Fenech explains that toward the end of November 2017 - following the assassination of Daphne Caruana Galizia in October - Keith Schembri came to his house and asked for a favour that made his heart sink.

Fenech testified that Schembri asked him to relay a message to Melvin Theuma, instructing him to tell Theuma that the police were closing in on the Marsa potato shed gang. Fenech stated that although he agreed to pass along the message after November 20, he now considers it the biggest mistake of his life.

According to Fenech, when he first told Theuma, Theuma brushed it off, calling it normal for police to arrest suspects and release them without charges after 48 hours. When Fenech reported Theuma's reaction back to Schembri, Schembri insisted that police actually possessed solid proof, including a bomb code, phone evidence, and proof that one of the killers had topped up the credit on the bomb phone. Fenech said he returned to Theuma with those details and warned him that the arrests were scheduled for December 4.

16:29 Fenech says Theuma made up the story of meeting him.

The Blue Elephant never opens for lunch, he says, and he had never heard of George Degiorgio until he was arrested in December 2017.

16:17 A photo is shown of Fenech abroad on the Harmony of the Seas cruise ship by Royal Caribbean International.

Fenech is posing for the photo in front of the cruise.

YF: "The dates of the cruise were from 15 to 22 April 2017. This was exactly when Melvin made the allegations against me."

Fenech says one of the credit cards he had on him on the night of his arrest was the card he used on that US trip in April 2017.

That gold card is displayed in court, as is his passport with an April 7, 2017 entry stamp. 

16:12 Defence lawyer Giannella de Marco put Melvin Theuma's previous testimony to Yorgen Fenech - specifically the claim that Fenech had met him outside the Blue Elephant restaurant and directly commissioned him to find someone to kill Daphne Caruana Galizia.

Fenech firmly denied the allegation, stating that he was abroad with his family on the other side of the world for nearly a month at the exact time Theuma claimed the hit was ordered.

"I never ordered Daphne Caruana Galizia's murder, or anyone else's. I had no role in her murder," Fenech testified.

16:09 Fenech then addressed the circumstances surrounding the government job given to Melvin Theuma.

According to Fenech, Schembri, who had returned to work in February 2017, called him at one point and asked him to inform Theuma that the customer care department at Castille was trying to reach him, a message Fenech passed along. A few days later, Theuma called Fenech to ask which entrance he should use to enter Castille. Fenech stated that when he checked with Schembri, the latter told him Theuma could use the main door - an instruction Fenech found a bit strange since he personally used the side entrance.

Fenech testified that a few days passed before Theuma called him back, sounding "over the moon" because Schembri had secured a job for him. Fenech added that while he found the situation somewhat odd, he simply wished Theuma good luck.

16:04 Yorgen Fenech says that roughly two weeks later, Melvin Theuma brought the subject up again while driving him to the airport.

According to Fenech, as soon as he entered the car, Theuma stated that he had spoken with individuals who informed him there was already an active plan underway to murder Daphne Caruana Galizia. Theuma told him, "I've spoken to them, they're already working on it and want €120,000." Fenech says he recalled being shocked and telling Theuma that he would get back to him.

Fenech testified that although he initially intended not to mention it to Keith Schembri, the matter kept weighing on his mind until he ultimately decided to tell him, to which Schembri allegedly responded, "Go ahead" ("mexxi, mexxi, mexxi").

Continuing his account, Fenech said that upon his return from abroad, Theuma picked him up and informed him that he had already paid the perpetrators €30,000. Fenech says he stopped by his office, retrieved €50,000, and handed the money to Theuma. He told him, "I don't want you to be out of pocket, but stop it here," adding that Theuma assured him he would. Fenech stated that a few days later, he informed Schembri of the payment, and Schembri responded by telling him, "You did the right thing."

15:58 Yorgen Fenech recounted the details of the lamb lunch at the Żebbuġ ranch, explaining that Melvin Theuma arrived with the lamb around 1 or 2PM, at which point Fenech invited him to stay for food alongside his cousins and Keith Schembri.

Fenech testified that the lunch took place a few weeks after Schembri received his medical diagnosis and after Daphne Caruana Galizia published a post about it. The topic arose during the meal, leaving an emotional Schembri deeply upset and requiring others to calm him down. Fenech noted that Schembri was almost fixated on Caruana Galizia, frequently pulling out his phone to read her posts and keeping a physical file of all her articles. Fenech explained that because Schembri had not yet told his mother or children about his brain tumor diagnosis, Caruana Galizia's report that he was going to die caused him immense distress.

According to Fenech, Melvin Theuma was present during this discussion and inflamed the situation further by making remarks like "she'll reap what she sows." Fenech stated that while he was in the kitchen, Theuma approached him and suggested, "We can easily get rid of her." Fenech said the comment felt over the top, so he played it down, offered Theuma a drink, and stepped outside for a cigarette while Theuma and Schembri continued talking.

15:53 Asked by his lawyer how he knew Theuma, Fenech says that their acquaintance began years earlier at the Marsa race track, where he used to go to watch horse races with his father, noting that Theuma worked as a bookmaker.

Fenech testified that around 2012, Theuma visited his office looking for his uncle Ray to ask about purchasing a taxi and securing a stand at Portomaso. Fenech added that Theuma was ultimately selected as one of the two individuals granted a taxi stand there.

15:48 Fenech speaks about the infamous lunch at the Żebbuġ ranch attended by both Keith Schembri and middleman Melvin Theuma, explaining that the ranch was his family's private retreat to unwind.

Fenech testifies that Schembri had received some concerning medical news and had taken time off work, visiting the ranch two or three times a month during that period. On one occasion, Schembri called him and suggested getting together to cook some lamb. To make that happen, Fenech called Melvin Theuma because he knew someone who could supply good quality lamb.

15:45 Fenech testifies about helping Keith Schembri when he faced serious health concerns in 2016, explaining that after Schembri received worrying medical test results, Fenech introduced him to his father's doctors. Those doctors advised Schembri to seek medical treatment abroad.

Fenech recalled travelling with Schembri and Dr Adrian Vella to the Mayo Clinic in Minnesota around October 20 of that year, noting he clearly remembers the trip because the US presidential election took place around that same time and Donald Trump was elected.

15:41 Yorgen Fenech gives details on the business side of his relationship with Keith Schembri, explaining that in 2013, they were approached to join a consortium proposing a gas-to-energy power station project. He noted that his father decided he should oversee the initiative while it was still just a proposal, as his father was slowing down and lacked the energy for it. Following his father's passing in December 2014, Fenech's uncle became chairman while Fenech was appointed CEO, leading him to work demanding 16-hour days. 

15:38 Fenech testifies that his relationship with Keith Schembri grew significantly closer following the death of his father. Fenech shared personal details of his family history, explaining that he donated a kidney to his father in 2000, before his father was subsequently diagnosed with cancer in 2012.

Recalling that difficult period, Fenech said he was 31 years old and had just welcomed his first child when they exhausted all options, even taking his father to America for treatment, though unfortunately there was no cure.

Fenech describes his father as his role model and noted that because his brother was problematic, the loss was especially heavy. He explained that Schembri stepped in and became a vital source of support, visiting him every day during that tough time. Fenech added that he came to view Schembri almost like a brother, looking up to him as a young, self-made man who had achieved significant business success, entered politics, and remained happy-go-lucky and kind to everyone. 

15:31 In Fenech says that when in 2008, Joseph Muscat became Opposition leader, his father was invited to the inauguration. "Keith was there. We recognised each other and got to talking. Keith said he wanted to introduce Joseph and get us to introduce him to people in the business community. From there on, we grew closer. We met regularly, we went abroad together, we spoke every day."

15:29 When defence lawyer Giannella de Marco asked Yorgen Fenech how he knew Keith Schembri, Fenech explained that their connection went back to childhood in Santa Lucija, where Schembri lived opposite his family and was seven years older. Fenech recalled playing football together when he was around nine or ten years old. As they grew older and started going out in Paceville, Schembri would frequent the same bars as Fenech and his brother, though Fenech noted that Schembri was primarily his brother's friend at the time rather than his own. 

15:27 Yorgen Fenech, aged 44, has taken the stand and began his testimony by sharing background information about himself and his upbringing.

He tells the court that he worked in the family business until the current case arose, was married, and has two children. Describing his early life, Fenech said he was raised in Santa Lucija in a traditional family and joined the family business at the age of 18. He initially shadowed his uncle Ray before moving into the gaming division of the Tumas Group business empire, and subsequently had to step up to take on greater responsibilities following the death of his father in 2014.

15:22 Accused Yorgen Fenech has taken the stand to testify before the court.

He will be the defence's first witness.

She says there is no concrete evidence that jurors actually accessed the headlines identified by IT expert Martin Bajada.

At most, she says, the few headlines that may have appeared could have provided minimal information about the trial.

The court considers this insignificant and incapable of affecting the jurors' decision-making.

The judge says any prejudice would have to be sufficiently serious to undermine the administration of justice and affect the right to a fair trial.

The court does not consider the material capable of influencing the jurors and will give them clear directions on the evidence they are entitled to rely upon when reaching their decision.

She denies the request.

15:17 The trial is not dissolved.

15:16 She noted that the list of more than 400 headlines generated by the tablet analysis represented a cumulative record of all potential headlines that could have been fetched by the system, rather than proof of content actually opened or read by the jurors.

The judge emphasized that there is no concrete evidence demonstrating that the jurors actively viewed those specific headlines. Furthermore, she observed that the vast majority of the media headlines in question simply reported factual details that had already been formally presented as evidence in the courtroom throughout the trial.

Addressing the defence's specific concern regarding headlines about Yorgen Fenech's request for a presidential pardon, Judge Grima pointed out that the single headline referencing the pardon was published only after the jury had already heard about the pardon request during the playing of Fenech's police interrogation in court.

15:14 The headlines that may have been seen are insignificant next to the evidence that was presented in court, she says.

15:09 She is referring to the investigation on the jurors' tablets, saying that jurors could not access articles because they were blocked..

15:06 Judge is reading the arguments made by prosecution and defence.

15:05 Judge is in court.

14:50 We are still waiting. Outside the hall where the jury is taking place there is a frenzy of lawyers waiting for the outcome.

14:40 Tensions are high in Hall 22.

Judge Edwina Grima has not yet entered.

However, when she does, Grima is expected to deliver her decision on the defence's request for the dissolution of the jury.

Lawyers from both sides are sitting at the table, also waiting for the judge to return.

The queue to enter the courtroom has grown massive, with people pushing past one another to get through.

12:13 Court is adjourned until 2:30pm.

When we return, Judge Edwina Grima is expected to deliver her decision on the defence's request for the dissolution of the jury.

12:02 Defence lawyer Charles Mercieca responded by acknowledging that requesting the dissolution of the trial at this advanced stage is uncomfortable for everyone involved, but he insisted that the court should not let the length of the proceedings influence its decision.

If the problem were not serious, the court would never have appointed Martin Bajada to carry out this analysis, Mercieca noted. He reiterated his core position that jurors simply should not have been given any access to external media.

The defence again points to the jurors having had unsupervised access to outside material, with Mercieca continuing to cite examples of content that was not evidence heard in court.

He refers to an article from the Daphne Caruana Galizia Foundation with the headline "How corrupt influence enabled murder," stressing that this was neither a quote heard during the jury trial nor a declaration emerging from evidence.

Mercieca points to editorials accessible through the tablets, including one headlined "Muscat cannot rewrite the history of Daphne's murder."

12:01 Prosecutor Anthony Vella argues that it would be "an insult to the jurors" for the entire trial to be dissolved after everything they have gone through simply because they "could have" seen headlines concerning matters discussed in court.

He concludes that the court can address the jurors directly before deliberation and remind them that their decision must be based solely on the facts and evidence presented in the courtroom.

The court also has the option to instruct them to disregard anything they may have seen in the headlines, as well as any material they may have read before the jury trial began.

12:00 The prosecution cited the precedent of Republic of Malta vs Salvatore Gauci, emphasizing that courts must exercise extreme caution before dissolving a jury. They argued that the court must carefully evaluate the nature and gravity of the incident and be thoroughly convinced that it resulted in irremediable prejudice to the accused before taking such a drastic step. 

11:53 The prosecution strongly objected to the defence's request to discharge the jury and dissolve the trial, raising several counterarguments.

First, prosecutors pointed out that the defence could have raised the matter first thing in the morning while the court was waiting for the site-visit recording to be retrieved, thereby avoiding further unnecessary delays.

Second, the prosecution argued that the use of electronic tablets in a jury trial is not explicitly regulated by law and therefore should not serve as grounds for dissolving the trial.

Addressing the media access itself, the prosecution maintained that the headlines identified by court expert Martin Bajada were merely potential headlines that could have appeared on the tablets, rather than proof of what the jurors actually saw. Furthermore, prosecutors argued that those headlines accurately reflected events that had already taken place inside the courtroom.

On the headline referring to Fenech's request for a presidential pardon, Vella says this was published after jurors had already been shown the audio-visual recording of Fenech's own police statement, which constitutes admissible evidence.

Vella also responds to the defence's comparison with a juror who was removed during last year's Maksar trial after being found using a tablet.

He distinguishes that case by saying the tablet belonged to the juror personally and was not provided by the court, giving him unrestricted access to the internet.

11:38 The lawyer reads out a number of headlines, including one suggesting that the defence had additional evidence from Keith Schembri's device.

Another headline stated: "It's an evil cover-up, Yorgen Fenech says, as jurors hear about pardon request."

Mercieca also notes that jurors had access to other unrelated content through the tablets, including the headline concerning that jurors have access to BBQ nights, a gym, and pools.

He says this is precisely why jurors have been kept away from their families, arguing that otherwise there would be little purpose in sequestration.

According to the defence, however, jurors were effectively "infiltrated with third-party opinions" through the news headlines accessible on their tablets.

Mercieca formally requests the dissolution of the jury. This "should never have happened", he says.

11:37 Defence lawyer Charles Mercieca raises concerns over jurors having had access to news headlines through the tablets provided to them during the trial.

The jurors have not yet entered the courtroom this morning.

Mercieca says considerable time and resources have been invested into keeping the jury sequestered from outside influences, and further argues that those efforts have been undermined by their access to press headlines.

He says the number and nature of the headlines identified are concerning, particularly because some do not simply reflect what happened inside the courtroom but contain opinions or refer to matters jurors were not meant to be exposed to.

Mercieca points specifically to headlines concerning Fenech's request for a presidential pardon.

He specifically stresses that, before the proceedings began, the court ordered that no reference to the request could be made inside or outside the courtroom.

He argues that the jury's decision should be based solely on what they hear and see in court, saying their "box" should only be filled with evidence presented during the proceedings.

11:30 Defence lawyer Charles Mercieca continued his submissions regarding the juror tablet controversy, describing the situation as deeply worrying and arguing that the foundational purpose of juror sequestration-protecting them from external influence-was undermined by their exposure to media headlines. He emphasized that the headlines to which jurors were exposed did not always align with testimony presented in court and frequently strayed into opinion, pointing specifically to coverage regarding Yorgen Fenech's request for a presidential pardon, which the court had explicitly ruled should not be brought to the attention of the jury. 

11:24 Two hours later, Judge Edwina Grima re-entered the courtroom to resume the sitting, announcing that she had reviewed the audio recording of the site visit.

Upon listening to the recording, the judge confirmed that scene-of-crime officer Michelle Camilleri could be heard listing the individuals present during the search of Keith Schembri's villa and explicitly noting that Schembri was there. However, the judge pointed out that other individuals who were also present - specifically Neville Gafà and the lawyers - had been omitted from the official record.

Recalling Camilleri's testimony regarding the November 2019 search of the property, the judge noted that the officer stated they were given no opportunity to conduct a thorough search, remarking: "We didn't even have the chance to open a single drawer or door. Had we had the chance, we would have done it."

9:24 Judge Edwina Grima suspended the sitting and instructed court expert Martin Bajada to retrieve the recording of the site visit. The court needs to verify whether a disputed question raised by the defence was actually asked during the visit and should be formally included in the official record.

The background to this dispute stems from the November 2019 search of Keith Schembri's villa in Mellieħa, which has been a contentious issue throughout the trial. Earlier in the proceedings, jurors heard testimony from two scene-of-crime officers stating that during a second search of the property, superior officers instructed them to seize only the electronic devices specifically pointed out by Schembri. Both Schembri and Inspector Kurt Zahra previously maintained that the primary electronic devices had already been successfully seized during an earlier search.

9:15 The judge instructs her deputy to check the audio recording of the site visit. She noted that the disputed question would likely have little impact on the official record since scene-of-crime officer Michelle Camilleri had already testified under oath in the proceedings. The judge added that if expert Martin Bajada had the recording, the court might need to suspend the sitting until it could be brought to the courtroom. 

9:10 Defence lawyer Charles Mercieca addresses Judge Edwina Grima regarding the official record of the site visits, requesting that the transcript explicitly include a specific question he had previously put to scene-of-crime officer Michelle Camilleri concerning who was present during the search of Keith Schembri's villa. 

9:05 The court is in session.