The Malta Independent 22 August 2026, Saturday
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Live: Yorgen Fenech says he gave money to Melvin Theuma but did not pay for Daphne's murder

Saturday, 22 August 2026, 08:20 Last update: about 8 minutes ago

Yorgen Fenech admitted in court that he passed money to Melvin Theuma but insisted he never paid a cent towards the assassination of Daphne Caruana Galizia. 

Fenech was repeatedly challenged over apparent contradictions between his testimony and his earlier statements to police on Saturday, as prosecutor Godwin Cini confronted him with messages about €400,000 passed to Melvin Theuma, a proposed prison mobile phone and leaked information concerning the murder investigation. 

Fenech started his testimony yesterday, minutes after Judge Edwina Grima turned down a request by the defence to dissolve the trial.

On Friday, the accused murder mastermind issued a forceful denial of his involvement in the murder of journalist Daphne Caruana Galizia.

"I never, never, never ordered she be killed," Fenech told jurors. "I had no involvement in this case and I want to make this clear."

Fenech testified in late 2016, former OPM chief of staff Keith Schembri showed an "obsession" with Caruana Galizia's reporting. He claimed Theuma spontaneously offered to "get rid of her" and later revealed a plot was already underway. Fenech admitted paying €50,000 to ensure Theuma was not out of pocket, but insisted he ordered the hit to be stopped.

Calling it "the biggest mistake of my life," Fenech admitted passing police updates about the investigation to Theuma. He testified he did so at Keith Schembri's request out of misplaced loyalty and to prove Schembri was not double-crossing them.

The accused also alleged Schembri encouraged him to cover Theuma's financial demands, even sending €75,000 in a Reebok bag for the hitmen's bail fund. Fenech noted.

Schembri "froze" upon discovering Theuma was secretly recording conversations.

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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16:26 Mercieca formally recorded the defense's objection, arguing that Godwin Cini had framed his question on the prejudicial premise that a police officer was in legal trouble specifically because of Yorgen Fenech.

Mercieca pointed out that Ray Aquilina was facing separate proceedings unrelated to the current murder trial, and accused the prosecution of repeatedly implying that various individuals had faced criminal charges or lost their jobs because of Fenech. The defence emphasised that such lines of questioning risk leaking to the jury that Fenech is facing separate criminal charges elsewhere, violating legal protections designed to ensure jurors judge an accused solely on the evidence of the case at hand.

Judge Edwina Grima instructed the prosecution to exercise greater caution in phrasing their questions.

Jurors must not be informed about unrelated charges, criminal records, or previous convictions involving an accused person.

16:20 Defence lawyer Charles Mercieca objected to the prosecutor's line of questioning, arguing that Cini's phrasing unfairly implied that a police officer had been charged purely because of Fenech's actions.

"We are now in the red zone," Mercieca stated. The case in question is that of former police officer Ray Aquilina, who was facing separate criminal proceedings. The defence stressed that Aquilina's case remained sub judice.

Judge Edwina Grima ruled that the prosecution was permitted to question Fenech regarding Aquilina, though she issued a strict caution to tread carefully. She instructed the prosecution that they must not mention to the jury that Fenech is a co-accused in that separate matter.

"We are treading dangerous waters," the judge warned.

16:10 Cini continued reading from the chat logs, highlighting a message where Marvin Gaerty told Fenech, "Tell me what you need, and I will sign off on it." Cini then shifted to another conversation from August 6, 2019, which featured Gaerty sending Fenech a photo of Dr Adrian Vella alongside the message, "We haven't seen you in a long time, my friend."

Changing direction, Cini asked Fenech about his ties within the police force.

"Who were you close to in the police corps?" Cini asked.

"My friend Silvio Valletta," Fenech replied.

"Who else?"

Fenech paused and hesitated.

"Maybe someone who ended up in court because of you?" Cini asked.

Before Fenech could answer, a point of law was raised, halting the questioning.

16:01 Cini asks Fenech if he had been following a script while answering questions from the police. Fenech denied this. "The two scripts had come from Keith Schembri."

Fenech states he is prepared to answer questions about 17 Black. Cini countered, "But now you know we have all the evidence that you own 17 Black." Fenech responded, "I am not denying it." Turning directly to face the jurors, Fenech complained that although a criminal case was opened against him regarding 17 Black, the police "never even questioned me once."

Cini then shifted back to the WhatsApp chats between Fenech and former tax commissioner Marvin Gaerty. Reviewing Gaerty's replies to Fenech's earlier messages about 17 Black, Cini noted that Gaerty had reassured Fenech by telling him, "Don't worry, brother," followed by another message advising him not to give anyone satisfaction.

"I had nothing to hide," Fenech maintained to the court.

15:57 Cini asked Fenech whether journalists had written about him prior to 2017. Fenech replied that they had not written about him personally, noting that while he was occasionally mentioned, he was never personally attacked, and stating that as far as he knew, Daphne Caruana Galizia had never targeted him or his family.

Cini pressed further on Fenech's evasiveness during his police interviews, reminding him that the court had heard the statements and knew which questions he answered and which ones he avoided.

"So you're saying you did not answer questions about 17 Black because you did not trust the police?" Cini asked.

"Yes," Fenech replied.

"But you trusted them enough to answer other questions," Cini countered.

"I did not really trust them," Fenech maintained.

15:53 Prosecutor Godwin Cini continued reading through the WhatsApp exchanges between Yorgen Fenech and the former tax commissioner, Marvin Gaerty.

In one message, Fenech wrote to Gaerty, "How are you, my friend? I am doing some housekeeping. I would like to put your mind at ease." When Cini asked if Fenech was attempting to reassure the tax commissioner, Fenech confirmed that he was.

The conversation then turned to a derogatory phrase used in the chat, "dik is-saħħara" ("that witch"). When Cini asked who the term referred to, Fenech admitted it was Daphne Caruana Galizia. Fenech explained that the discussion in the chat was about his offshore company 17 Black, noting that he had already paid taxes on it in 2016 and was reassuring Gaerty that the matter was handled before Caruana Galizia publicly mentioned the company in 2017.

Despite using the slur, Fenech claimed, "I never had any reason to feel anger towards Ms Caruana Galizia." When pressed by Cini on why he used that specific nickname, Fenech acknowledged, "They were ugly words used in certain circles. I know it is not nice".

15:50 Prosecutor Godwin Cini then shifted the focus to WhatsApp chats between Fenech and Marvin Gaerty, the former tax commissioner. When asked if the two were good friends, Fenech described their connection as a good relationship. Highlighting that Gaerty, much like Heathcliff Farrugia, held a high-level public position, Cini asked Fenech if he agreed with Melvin Theuma's previous characterization of Fenech as a "giant" and Theuma as a "mosquito." Fenech firmly rejected the comparison.

When Cini pressed Fenech on whether his friendship with Gaerty was based on his powerful role as tax commissioner or just who he was as a person, Fenech explained that he knew Gaerty because he played in a jazz band, adding simply that he liked music.

Cini then referenced chat logs from February 2019, asking if Gaerty felt obliged to Fenech in any way. Fenech denied this, stating that Gaerty had no reason to feel that way and explaining that, in his view, being obliged would imply that Gaerty owed him something in return for a past favour.

15:43 Cini asked Fenech if he was familiar with the specifics of the criminal case against the former MGA chief. Fenech stated that while he was in prison and knew Farrugia had been found guilty, he was unaware of the details and was never called to testify in those proceedings.

Cini then shifted back to text messages from September 2019, highlighting a comment where Farrugia complained that anti-money laundering laws were too stringent. Fenech agreed that the regulations posed a headache and were an issue across the entire industry.

The chat also included a mention of a person named Galdes. Fenech explained that Galdes was their consultant and a former employee of the FIAU. Cini noted that Fenech had used an insulting term to describe Galdes within the chat messages, though the prosecutor did not repeat the exact word in the courtroom. Fenech responded by offering an apology for the remark.

15:36 Cini continued reading from the chat logs, highlighting a message where Heathcliff Farrugia told Fenech, "I managed to calm things down with Kenneth, he's a good lad," alongside another reference from Farrugia about issuing a non-public warning rather than a public reprimand.

Cini pressed Fenech on whether these messages indicated that Farrugia felt some obligation toward him. Fenech firmly denied this, admitting only that his choice of communication medium might have been flawed. He stated that while he perhaps should have used an official email instead of WhatsApp, the underlying substance of his complaints was entirely legitimate. Fenech argued that as a company CEO, he had every right to voice grievances about what he viewed as an unfair regulatory process, maintaining that he did nothing wrong beyond possibly using the wrong platform to vent. When Cini asked if sending those exact same grievances via email would have been acceptable, Fenech answered affirmatively.

15:31 Fenech maintained his denial of using his relationship with the former Malta Gaming Authority CEO to secure preferential treatment. He explained that while the Financial Intelligence Analysis Unit issuing fines is commonplace today, it was novel at the time. Fenech insisted he never attempted to halt the process, asserting that his only grievance was the unfairness of being singled out for selection.

He claimed that other operators were in far worse regulatory standing but were spared from inspections due to fears over how such scrutiny might impact Malta's Moneyval evaluation. Reiterating his stance, Fenech stated that he abused no power and asked for nothing during the WhatsApp exchange.

Prosecutor Godwin Cini then read another message sent by Farrugia, which stated, "Like this you will have something to work with." Cini challenged Fenech by asking if this was considered a normal dialogue between a businessman and the MGA CEO. Fenech defended the conversation as a rant, explaining that he was merely trying to understand what specific issues needed to be fixed, and highlighted a part of the same chat where he noted that any systemic problems would be resolved.

15:25 Prosecutor Godwin Cini returned to the WhatsApp exchanges between Yorgen Fenech and former Malta Gaming Authority CEO Heathcliff Farrugia regarding the suspicious transaction report. Fenech insisted that the context of the chat mattered, maintaining that his casino had been unfairly singled out for a compliance check simply because authorities wanted to evaluate the top performer in the industry, citing a message where Farrugia allegedly described competing casinos as really bad.

When Cini asked if Fenech still maintained that he never used his relationship with Farrugia to extract confidential information, Fenech simply answered that he was only complaining. Cini pressed further by asking if Fenech was trying to paint himself as a victim, to which Fenech replied that he was not.

Cini then directed the court's attention to another specific message sent by Farrugia on September 23, in which the former MGA CEO told Fenech he would be given an opportunity to clarify matters raised in an official letter. Fenech explained to the courtroom that standard regulatory procedure involves an inspection, followed by a letter detailing shortcomings, leading up to the issuance of a final report.

15:14 Minutes after court staff finally distribute the court-issued tablets to the jury box, technical issues delay the trial once again.

15:10 Tablets are now handed back to the jurors and the accused.

15:00 Court is back in session

13:00 Court pauses for lunch

12:56 Cini questioned Fenech about his previous statements to the police regarding Melvin Theuma allegedly threatening him, specifically mentioning an incident where Theuma placed a gun on a table in front of him.

Fenech clarified, stating that while he felt threatened, Theuma did not explicitly make verbal threats, explaining that Theuma pointed a gun at him twice - once on a table and once by resting it on his foot. Cini then pointed out the contradiction, asking why Fenech had told jurors just a day earlier that he had never felt physically threatened by Theuma. Fenech responded that although Theuma never threatened to shoot him directly, his manner of expression created a feeling of being threatened.

12:51 Fenech says he passed along confidential leaked details regarding the murder investigation, and confirmed that he had asked Melvin Theuma to delete his secret audio recordings "for Keith."

Prosecutor Godwin Cini asked Fenech what instructions he gave Theuma regarding the leaked investigation details. Fenech explained that he would sometimes ask Theuma to pass the information on to other individuals, such as the Maksars. When Cini pressed whether those actions were done intentionally to sabotage the murder investigation, Fenech conceded, "It was a mistake. That wasn't the intention."

12:45 Cini brings up text messages between Fenech and Melvin Theuma concerning a plan to smuggle a mobile phone into prison so they could communicate. In the chat, Theuma had asked how he could speak to "Fredu" (Alfred Degiorgio), and Fenech replied that he would try to get him a mobile phone with a foreign SIM card because their regular phones were all tapped.

When confronted with these messages, Fenech claimed the texts were just "bluff" and "not true," explaining that he was merely trying to keep Theuma calm and playing for time.

Cini challenges this excuse, pointing out that Fenech had previously accused others in the trial of bluffing, and noted that both Theuma and Vince Muscat (il-Koħħu) had already testified under oath that the Degiorgio brothers indeed had a mobile phone inside prison. Fenech maintained his stance, insisting he had no actual knowledge of the prison phone.

12:41 Prosecutor Godwin Cini presents a text message referencing a Suspicious Transaction Report from 2012. Fenech explained that there had been media claims accusing them of helping Alfred Degiorgio launder money through their casinos, noting that as operators they were legally obliged not to reveal when they file an STR, and calling the media reports libellous.

When Cini asks if Alfred Degiorgio was the man Fenech had passed money to, Fenech replied that Melvin Theuma had claimed he passed the money on for the hitmen's lawyers, though Fenech added that he did not really believe that. Fenech confirmed that Degiorgio had gambled at the casino, which prompted management to file the STR.

Cini then turns to Fenech's police statement, reminding him that he had admitted to passing 400,000 euros to the Degiorgio brothers via Melvin Theuma. Fenech confirmed this, stating he told police he would pass money to Theuma. When Cini asked if he denied telling police that he gave the money to Theuma to hand over to the hitmen, Fenech answered, "I told them that he drained me. He said he would pass on the money." Pushing further, Cini asked, "So he asked you for money to give to the killers, and you did so." Fenech responded, "Yes, and I told you why."

12:35 Cini highlights a text exchange in which Fenech told Farrugia that he felt "hurt," to which Farrugia replied that he had spoken to "Buddy" a few weeks prior to provide an explanation. Fenech explained to the court that the explanation he received was that his company was being audited simply because they had the best compliance department in the industry.

Cini pressed further, asking why Fenech would feel "hurt" if they were not friends. Fenech maintained that the connection was simply a professional one between the MGA CEO and the Tumas Group CEO.

In the texts, Fenech had complained that the audit would serve as a "black mark" on his company. Cini questioned this, asking why someone whose business was entirely above board would worry about black marks with the MGA CEO. Fenech responded that the audit ultimately took place and they did not perform badly.

Cini presented a text exchange showing Farrugia telling Fenech that he had spoken to "Kenneth from the FIAU." Fenech denied knowing anyone named Kenneth, claiming he was merely venting, protesting an unfair audit decision, and that Farrugia simply knew he was right.

12:30 Cini shifts the questioning to Fenech's relationship with Heathcliff Farrugia, the former CEO of the Malta Gaming Authority who had leaked information to him.

Fenech denied being friends or going out together, describing their connection as strictly professional. Cini pointed out that Farrugia ended up facing criminal charges, prompting Fenech to reiterate that they were not friends. Asked if Farrugia felt obliged to him, Fenech explained that they had been handpicked for a Moneyval audit, and Farrugia had informed him of the reasoning behind it. Cini questioned how they could not be friends given the dynamic, to which Fenech replied that friends are people you actually socialise with.

The prosecution then displayed a text message in which Fenech had written to Farrugia, "I was not going to message you, as you know I never risk abusing." Fenech seized on the message as proof of his character, stating, "Exactly. I'm not the type to do these things."

Cini immediately challenged him, asking, "So after saying you don't abuse, you abused." Fenech defended himself by claiming, "I vented. The decision to audit us was taken unfairly."

12:24 Cini notes that Daphne Caruana Galizia's children testified that she was working on a major investigation prior to her assassination, to which Fenech interjected that her work focused on Electrogas rather than 17 Black.

Cini pressed Fenech on why he had told a police inspector that he would discuss 17 Black "at the opportune moment" instead of being transparent. Fenech explained that he was not in a good psychological state at the time, claiming the atmosphere changed after he mentioned Keith Schembri to the police and stating that he lacked faith in both the investigator and the investigation itself.

Cini countered by pointing out that Fenech had maintained just a day earlier that 17 Black was registered normally and was "no big deal," asking why he simply hadn't admitted to owning it. Fenech responded that he preferred to answer questions about the company in a setting where he felt comfortable.

12:22 Cini prepared to ask Fenech another question regarding his police statement, but the judge interrupted and instructed that Fenech be provided with a transcript of his previous statements to the police. Court officials retrieved a copy and handed it to the accused.

Fenech claimed that Daphne Caruana Galizia never mentioned him in connection with 17 Black. However, Cini pointed out that police had previously informed Fenech about how the journalist had named him in a comment under one of her own blog posts.

When Cini asked Fenech if he read her blog, Fenech confirmed that he did. Asked if he had the site bookmarked, Fenech replied that it was possible.

12:17 Fenech reiterates his claim from the previous day that his offshore company 17 Black was entirely legitimate and free of illicit activity.

Prosecutor Godwin Cini noted that journalist Daphne Caruana Galizia was the first person to write about 17 Black, which Fenech acknowledged he believed was correct. Cini then questioned Fenech about his police statement, pointing out that when an inspector previously asked him about the company, Fenech had stated he would reply "at the opportune moment." When Cini asked if he had studied his police statement ahead of the trial, Fenech replied that he had only looked at it rather than studied it.

12:07 The judge delivered a ruling on the lengthy dispute: Fenech must not be questioned on matters that could suggest he committed any crime other than the specific one he is currently accused of; If Fenech has testified regarding his own good character, questions intended to probe that claim are permissible; Prosecutors are barred from asking questions concerning the private lives of individuals who have no connection to the trial.

Following the ruling, the jurors are brought back into the courtroom, and Fenech's cross-examination resumed.

11:50 The defence continues to maintain its stance that all cross-examination questions must remain strictly focused on the murder itself. In response, prosecutors point out the double standard, noting that the defence had raised numerous unrelated issues - such as allegations that Melvin Theuma supplied Fenech with drugs - when they were the ones questioning witnesses earlier in the trial. 

11:33 Defence lawyer Charles Mercieca objected to the line of questioning, arguing that the prosecution's inferences were irrelevant to the murder charge and were simply being used to damage the reputations of Fenech and others featured in the text messages.

Prosecutor Anthony Vella rebutted the objection, explaining that a cross-examination is intended to test a witness's credibility. Vella noted that because Fenech had previously spoken at length about Tumas Group, his company structures, and his business relationships during his testimony, the prosecution was well within its rights to continue exploring those topics.

11:25 Cini presented a text message sent by Fenech to Deo Scerri three days later, in which Fenech wrote, "I am messaging because I'm worried. I do not want to cause trouble or abuse of our friendship." When asked about the context, Fenech claimed he could not recall, though Cini suggested it pertained to a bank guarantee for the Electrogas project.

In the chat exchange, Fenech told Scerri to "leave it" if it posed a problem, but Scerri reassured him by writing, "Don't worry, leave it in my hands. Assets and income are the least problem. The newspaper articles about 17 Black are the problem."

Highlighting the exchange, Cini pointed out that the Bank of Valletta chairman was discussing the controversial offshore company 17 Black directly with Fenech. Fenech defended the interaction, maintaining that having a relationship with a bank is normal, and insisted that everyone speaks to bank chairmen in that manner. When Cini pressed on why Fenech had approached him initially, Fenech stated he saw nothing wrong with it.

Before the questioning could proceed further, Fenech's lawyer, Charles Mercieca, raised an objection to submit a point of law.

11:16 Cini asks Fenech about his relationship with Deo Scerri, who served as the chairman of Bank of Valletta, Malta's largest retail bank, from 2016 to 2020. Fenech confirmed he knew Scerri, though he denied going straight to him with problems, stating he only met him twice at the House of Four Winds and respected him.

The court was then shown text messages exchanged between the two. In one message, Scerri asked Fenech to help him make an appointment with the manager of the Dolmen hotel. Other messages showed Fenech chatting about having his phone stolen and chasing down the thief, while a January 9 text featured Scerri sending a screenshot of an email regarding his son and the Dolmen, asking Fenech if he knew anything about it. Fenech testified that he believed the matter related to an outstanding financial balance.

11:11 Cini highlighted that Johann Buttigieg also requested personal favours from Fenech, such as asking for help to skip the entry queue at Level 22, a club located in Portomaso, while accompanied by a female friend.

Fenech arranged the request and instructed Buttigieg to tell the bouncers his name was "Adrian Buttigieg." When Cini asked if Fenech routinely did favours like this for others, or if he frequently asked people to sign under different names, Fenech acknowledged that it was possible.

11:06 Fenech admits in court that Planning Authority CEO Johann Buttigieg advised him to target a property belonging to developer Joseph Portelli in Qormi, though Fenech insisted he never pursued it.

Prosecutor Godwin Cini pressed Fenech on the matter, pointing out that Buttigieg was providing him with insider information that ordinary people did not possess, thereby giving him an unfair edge over his competitors. Fenech rejected this assertion, arguing that it was incorrect.

These chat conversations were initially exposed by journalists in 2021. At that time, Buttigieg left his role at the Planning Authority to become CEO of the Malta Tourism Authority, later transitioned to consulting for developers like Michael Stivala, and eventually returned to a prominent regulatory position as executive chairman of the Planning Authority.

11:03 Fenech admits in court that he had discussed entering into business with Planning Authority CEO Johann Buttigieg, explaining that Buttigieg had often expressed feeling tired of his role and wanting to transition into the business world.

Prosecutor Godwin Cini highlighted the conflict of interest, noting that Buttigieg happened to be the head of the country's planning regulator. Cini then presented text messages showing Fenech telling Buttigieg, "I want to steal something" from developer Joseph Portelli, and proposing to the regulator, "We'll split it me and you, we'll do a bit of business."

In response, Buttigieg had written, "We'll do business whenever you like, but that is yours. I will go into business with you wherever you want." When confronted with these messages, Fenech dismissed the statements as mere "business jargon."

11:00 Cini brings up another text exchange from March 29, 2019, in which Fenech messaged Buttigieg asking for advice about developer Joseph Portelli, writing that Portelli "owed him 500" and asking if Portelli had anything decent. Buttigieg replied that Portelli had a project in Mellieħa coming before the board that very day.

When questioned in court, Fenech insisted that receiving this information did not constitute a competitive advantage, protesting that an advantage would only exist if he had abused his position. Although Buttigieg's text ended with an offer of help, Fenech stated in court that he could not recall the conversation, brushing it off by saying it happened a long time ago.

10:57 Cini presents jurors with a WhatsApp exchange from February 7 in which Planning Authority CEO Johann Buttigieg told Fenech that he owed him because Fenech had helped him a lot, to which Fenech had replied, "I smelt a rat, I did what my heart told me."

When questioned in court, Fenech explained that it was a private matter, noting that he had discovered someone was badmouthing Buttigieg and decided to warn him. When Cini remarked that Fenech protects his friends, Fenech asked, "Why not?" Cini then asked if that was why people felt obliged to him, which Fenech denied, maintaining that he helped anyone who came knocking and viewed Buttigieg simply as Johann Buttigieg rather than the CEO of the Planning Authority.

10:49 Prosecutor Godwin Cini highlighted a part of the chat where Planning Authority CEO Johann Buttigieg assured Fenech he would remain at the agency, prompting Fenech to reply, "Without you, I don't even want to start this."

Cini asked if Buttigieg felt obligated to Fenech, which Fenech denied, stating that while the word obligation sounded bad, he was simply the type of person who went out of his way to help others. Cini pointed out that multiple individuals broke down in tears while testifying in court, stating that their lives were ruined simply because they came into contact with him. Fenech responded that they were simply people he got along with.

10:48 GC: "Did you ever read your text messages, the data extracted?"

YF: "No, I did not"

GC: "You came to your own trial choosing not to look back at your own messages."

YF: "It was difficult to go back to them-it was the worst time of my life."

GC: "I noticed certain patterns in your testimony. I noticed that you keep saying "I think that" and "I think regarding this." You want us to believe that you were uncertain about these episodes?"

YF: "I need to be careful with what I say regarding what I remember. I am guided by my lawyers."

10:47 Prosecutor Godwin Cini pressed Fenech about whether he had collaborated on two projects with the Planning Authority CEO, to which Fenech maintained that he only asked for advice and guidance.

Cini then presented text message exchanges to the jurors showing the two discussing business planning, including a message where Fenech told Buttigieg, "I want to work on that project," and Buttigieg replied, "Let's do it." Fenech subsequently told Buttigieg that "Ix-xiħ gave me the go-ahead," using a local term referring to an elder or boss figure.

Capitalizing on the exchange, Cini asked Fenech if he had a relationship with the prime minister, which Fenech confirmed. Cini then pushed further, asking whether Fenech had told Melvin Theuma about his contact with the prime minister, whether Theuma had ever spoken to the prime minister himself, and if Fenech still disagreed with Theuma's characterization of Fenech as a giant and Theuma as a mosquito.

10:41 Prosecutor Godwin Cini asks Fenech if he had referred Melvin Theuma to Keith Schembri's secretary, to which Fenech replied that the characterisation was inaccurate because she stopped being secretary in 2016, adding that such interactions were just normal customer care performed by all ministers.

When Cini asks if Fenech agreed with Theuma's description of Fenech as a "giant" and himself as a "mosquito," Fenech answered that he did not. Cini pressed further, highlighting that Fenech was the one contacting the Planning Authority CEO and hosting him at his home. Fenech clarified that Buttigieg had only visited once or twice, including once with a friend named Adrian. Cini retorted that the PA CEO does not visit his home, asking Fenech if he believed his position gave him access to these high-profile figures, to which Fenech responded that he did not think so.

10:36 Prosecutor Godwin Cini presents a WhatsApp chat exchange to the jurors in which Fenech messaged Planning Authority head Johann Buttigieg, writing, "My friend, PLEASE help me with this farmhouse," alongside a document attachment.

Fenech stated that he could not recall the message, but Cini pointed out that the attachment pertained to a planning proposal by Melvin Theuma to build horse stables. Acknowledging this, Fenech explained that Theuma had been asked to make alterations and that the process had become stalled, prompting Fenech to step in. When Cini remarked that Fenech essentially helped Theuma with everything, Fenech said that he only helped him with that specific matter.

10:33 Prosecutor Godwin Cini pressed further by pulling up WhatsApp chats between Yorgen Fenech and then-Planning Authority head Johann Buttigieg to examine Fenech's influence.

When Cini asked if Fenech was friendly with Buttigieg, Fenech confirmed that they were, though he noted he rarely dealt with planning applications himself because his uncle handled them. Asked whether he ever asked Buttigieg for favours regarding permits, Fenech said that he only ever asked for advice.

10:31 Prosecutor Godwin Cini began his cross-examination by asking Yorgen Fenech what he was doing on the day Daphne Caruana Galizia was killed, to which Fenech replied that he was at home sick and recalled someone from his office bringing by purchase orders.

Cini then asked if it was fair to say Fenech was close to high-profile individuals, which Fenech confirmed. When Cini suggested that Fenech used their positions to his advantage, Fenech denied it, though Cini pointed out that people had lost their jobs and faced criminal charges because of him. Fenech disputed that it was because of him, acknowledging that he had good relations with many people but rejecting the notion that he took advantage of them.

When Cini noted that individuals were charged and found guilty based on text messages sent to them by Fenech, Fenech maintained that it did not mean he took advantage of them, adding that he believed the prosecutor was referring to former Malta Gaming Authority CEO Heathcliff Farrugia, who was convicted of leaking secret regulatory information to Fenech.

10:26 We're back in session.

9:56 Court orders a short break.

9:55 Fenech says that he felt deeply offended and disappointed when he discovered through Johann Cremona that Melvin Theuma had been secretly recording him.

When asked by his lawyer if there was anything else he wished to say to the jurors, Fenech apologised for keeping them away from their families and stated that he remained confident their verdict would do justice for both him and his relatives.

That was the end of questioning by the defence.

9:53 Fenech says that he never paid a cent toward the murder itself, but explained when questioned by his lawyer that he gave money to Melvin Theuma because Theuma had already spent his own funds and would otherwise not get them back, aiming to calm him down and ensure he was not out of pocket. Fenech dismissed Theuma's account as a fairytale starting in April 2017. When asked why he continued paying Theuma afterward, Fenech said he believed the easiest solution was to keep him calm and under control as Theuma made threats about going to Mellieha or Castille. Fenech admitted that he knew he was doing something wrong by relaying sensitive information, acknowledging that he should not have done it but felt he was not strong enough. 

9:49 Fenech testified that during his first month in prison, he was convinced there were orders from above to treat him harshly, spending 23 hours a day in solitary confinement with only prison clothes, foam on the floor instead of a mattress, no chair, and not even a book to read, emphasising that this did not reflect the reality of the general prison system.

He stated that he stopped taking drugs entirely once inside and considered himself cured of his cocaine addiction from the moment he gave his police statement. However, he noted that he continued to test positive for the substance for 32 days, which is significantly longer than the typical three to five days, prompting defence lawyer Giannella de Marco to suggest that having only one kidney may have slowed down that metabolic process.

9:46 Fenech says that Keith Schembri provided him with two separate letters during those days rather than just one, explaining that both were delivered through Adrian Vella. Fenech stated that he found the first letter at home on his initial day on police bail, and his wife informed him that Schembri had sent it via Vella.

According to Fenech, the second letter arrived on November 24 while his lawyers, Gianluca Caruana Curran and Marion Camilleri, were with him just before lunchtime. Fenech recalled that Schembri had told him he was going to send a "meatier version" of the first letter, which Vella subsequently handed over.

Fenech said that upon reviewing the second letter, he disliked what he read because it did not sound right, even though he was already familiar with the information it contained. He asked for a burner phone to call Schembri, who reassured him by saying, "You have nothing to worry about. Trust me." Fenech told Schembri he was unhappy with the document and began going through it with him on the phone, but grew frustrated and stopped after a few pages.

Reflecting on the situation, Fenech stated that he realised what was happening yet still held onto some hope, refusing to believe Schembri would treat him that way, and claiming that he had been played. He added that the police, whom he accused of being in cahoots with Schembri, subsequently accused him of changing his version of events, to which he responded that it was not his version.

9:40 Fenech tells the court that his anxiety worsened significantly, leading to a referral to Mater Dei Hospital on November 23, where he underwent an ECG and an angiogram and was kept under observation for 24 hours. He noted that he spoke with the police multiple times during that period, though not all of those discussions were formal statements. His first formal police statement took place on November 29, and the following day, November 30, 2019, he was formally charged with complicity in the murder. 

9:38 Fenech says that he was in poor condition upon arrival at police headquarters due to severe cocaine withdrawal. The following day, November 20, 2019, he underwent his first interrogation, recalling that lead investigator Keith Arnaud told him that while everything looked dark at the moment, there was always light at the end of the tunnel.

Fenech stated that his lawyers and Dr Adrian Vella visited him the next day to help manage his anxiety. He was subsequently granted police bail and requested protection because he was afraid and knew many things, noting that he thanked the police for providing it. He also arranged for his partner, Marlene, to take their children to London to stay with his brother Franco.

During his release on police bail, officers stayed inside his apartment to guard him. Fenech mentioned that they all slept in the living room because he preferred that arrangement rather than having the officers sleep on his bedroom floor.

9:32 Fenech says that once the yacht returned to shore, a plainclothes officer boarded the vessel and greeted him by saying he was from the drug squad, to which Fenech replied that the search would not take long. The officer then informed him that he was actually being arrested in connection with the murder of Daphne Caruana Galizia.

Fenech stated that officers searched the boat and later his office. When he began experiencing heart palpitations, he accepted an offer for medical assistance from Dr Adrian Vella, who gave him a couple of Ativan tablets. Afterward, law enforcement conducted an all-day search of his office in the Portomaso tower, seizing everything in sight. Fenech laughs when defence lawyer Giannella de Marco asked if he had instructed officers on what to take, noting that he only briefly protested when they confiscated his children's electronic devices, though those were taken as well. By the time he was finally transferred to police headquarters, it was approximately 10pm.

9:25 Fenech recounts the hours leading up to his dawn arrest aboard his yacht, explaining that the trip to Pozzallo was scheduled for maintenance and servicing. He noted that port control had been duly notified and the vessel's AIS tracking system was left switched on, meaning anyone could track the yacht's movements in real time on public websites like marinetraffic.com.

Fenech stated that around 8pm, his captain informed him that "paparazzi" were spotted in the marina, and Portomaso security similarly warned him that plainclothes Criminal Investigation Department officers were lingering in the area. After spending the night on board, they departed at around 4:30 or 5am.

As they sailed out, Fenech went down to the galley to make a coffee when he noticed multiple laser sights. He instructed his captain, Logan, to slow down. Spotlights suddenly flashed against the vessel, and two Armed Forces of Malta patrol boats pulled up alongside them. Officers wearing balaclavas then stormed the yacht.

Fenech described the raid as extremely heavy-handed, noting that officers initially told him he was not under arrest, fastened zip ties around his wrists, and ordered them to return to port while refusing to answer any questions.

9:18 Fenech says that his arrest aboard his yacht as it sailed out of Portomaso at dawn was a massive charade designed to create a spectacle, insisting it was entirely unnecessary. He maintained that it never crossed his mind to abandon his children and that he had followed all proper port procedures, though he admitted he had a sinking feeling something was wrong. When defence lawyer Giannella de Marco pointed out that he had asked his uncle to look after his children, Fenech dismissed it as a normal request any father would make, reiterating that his messages with his uncle clearly showed the plan was merely to leave temporarily, gain some time to get clean, and assemble a legal team. 

9:16 Yorgen Fenech resumed his testimony by recounting his uncle's frantic call following the conversation with Keith Schembri, explaining that his uncle advised him to lay low for a few days. Fenech stated that the intended plan was to travel discreetly, clear his head, consult his lawyers, and then return, emphasising that he never intended to flee from his children and noting that he left with only €7,000 because his primary goal was to get clean. 

09:08 As the day begins, Judge Edwina Grima enters the courtroom.

Before members of the jury take their seats, defence lawyer Charles Mercieca asks for the specific photo mentioned yesterday to be shown on the jurors' tablets. Judge Grima states that the tablets will be handed back to the jurors today.

Jurors are now entering the courtroom


 

 

 



 


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