The Malta Independent 25 August 2026, Tuesday
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‘There are your fingerprints all over this murder’: Prosecution ends Fenech cross-examination

Tuesday, 25 August 2026, 18:34 Last update: about 46 minutes ago

Prosecutor Godwin Cini accused Yorgen Fenech of having his "fingerprints all over" the murder of Daphne Caruana Galizia on Tuesday, bringing a heated three-day cross-examination to an end before the defence launched an attack on Melvin Theuma's credibility and the police investigation.

The final day of Fenech's cross-examination saw Cini challenge the businessman over the hundreds of thousands of euros he gave Theuma after the assassination, his failure to report an alleged plot against Caruana Galizia, recordings he handed to Keith Schembri without listening to them, and his claim that he had become trapped between the former OPM chief of staff and the middleman.

Cini questioned Fenech about a USB containing recordings which Theuma allegedly handed him in October 2018, an episode Fenech had described as a "turning point".

Fenech acknowledged that by then he knew he risked being implicated because he had done "several wrong things", including passing on information, and had taken on an "ugly role". He nevertheless insisted that he never considered himself involved in the murder.

Asked how he reacted after seeing Theuma's note bearing his name, Fenech said: "I cried." He said he informed Keith Schembri and that Theuma returned days later to apologise.

Fenech maintained that he continued paying Theuma because he felt he was being blackmailed while he sank further into drug addiction.

Cini challenged why, if Fenech realised Theuma was attempting to implicate him, he had never tried to secretly record him or even send a message confronting him about what he had allegedly done.

"You realised someone was trying to implicate you, yet you never tried recording him? You never confronted him and asked, 'Are you serious? What have you done to me? What have you dragged me into?'" Cini asked.

Fenech replied that he "didn't know how to deal with criminals".

The exchange became increasingly heated as Cini returned to the approximately €450,000 Fenech said he had paid Theuma and information he passed on concerning the investigation.

"You continued paying the killers and passing information to Theuma," Cini said.

"I gave him money to keep Melvin calm. And I had been receiving information about the investigation since November 2017," Fenech replied.

Cini again questioned why Fenech had never created any evidence that could protect him if his account of being framed was true.

"You never recorded Theuma or even sent him a message asking what he had dragged you into, so you could keep a screenshot?"

"No, I didn't," Fenech replied. Cini suggested this was because Fenech's account was untrue.

"That's how it happened," Fenech insisted.

The prosecutor concluded his three-day cross-examination with a direct accusation.

"Who are you fooling? Fenech, you aren't fooling anyone. These are your fingerprints all over this murder."

"It's not true," Fenech replied.

With no questions from jurors, Fenech's testimony came to an end and defence lawyer Charles Mercieca began an address presenting the defence's initial case for his acquittal. The address is separate from formal closing arguments, as the defence still intends to call additional witnesses.

Mercieca focused heavily on Theuma's credibility, telling jurors that his version of how Fenech allegedly commissioned the assassination did not withstand scrutiny.

He pointed to a passport stamp dated 7 April 2017 which, according to the defence, showed Fenech left for the United States for around a month. Mercieca argued this placed him abroad when Theuma claimed the instruction to find someone to kill Caruana Galizia was given outside the Blue Elephant.

"You're investigating the case and you don't check the crucial part of Theuma's story. You don't speak to Blue Elephant employees to establish whether Yorgen was there. You don't check the passenger manifest. You don't even check whether the Blue Elephant was open. You don't check where Yorgen was," Mercieca said.

"If Fenech was abroad, who spoke to Theuma in April?"

He told jurors that possibility was insufficient to convict Fenech and that they had to be morally certain of Theuma's account.

"Theuma's accounts don't add up. Yorgen was in America when the mandate was supposedly given, so Melvin's account is a lie," he said.

Mercieca also highlighted what he described as other inconsistencies, including Theuma saying he had only visited Castille once despite being confronted with a visitor sheet which allegedly indicated otherwise.

The lawyer then turned his attention towards Schembri, arguing that the former OPM chief of staff had a motive to kill Caruana Galizia.

"Daphne wasn't killed because of what she was going to write. She was killed for what she wrote," Mercieca said.

He referred to six blog posts Caruana Galizia published about Schembri in 2017 and an alleged meeting between Schembri and lawyer David Gatt on 16 August that year. Mercieca highlighted evidence that Gatt called George Degiorgio later that evening.

"This is the proof, what Europol found on SIM cards," he said.

Mercieca also criticised investigators for not seizing material linked to Schembri, including his phone, laptop and a file containing Caruana Galizia's blog posts which was allegedly still in his Castille office two years after her murder.

He further referred to a paper allegedly discovered in Schembri's office containing the initials "DCG", dates and names of people linked to the case, stressing that it had never been presented to jurors.

The defence argued that too many questions remained unanswered for the jury to be satisfied that the murder had been properly investigated.

Mercieca urged jurors to set aside whatever opinions they may have formed about Fenech, Caruana Galizia or the case before the trial.

"Prejudice is the enemy of justice," he told them.

"We're talking about the murder of a journalist, with a businessman as the accused. You must battle any sympathy or antipathy you may feel about this. Daphne wrote wonderfully well, but her words stung. Her writing sparked strong emotions. Make an effort and don't let prejudice cloud your judgment."

He stressed that challenging the prosecution's case did not amount to defending the assassination itself.

"No one here is saying that murder is right. No one is saying that the death of a person is a good thing," Mercieca said. "We are defending the person, not the crime."

Returning to the prosecution's appeal for justice for Caruana Galizia's family and Maltese society, Mercieca asked whether the rights of the accused had been overlooked.

"And justice for Yorgen? Have we forgotten about that?" he asked.

The defence is expected to resume its address to jurors when proceedings continue on Wednesday.

In the morning session, Fenech maintained that he had been caught between former OPM chief of staff Keith Schembri and middleman Melvin Theuma, and had repeatedly acted to contain the situation rather than participate in the assassination of Daphne Caruana Galizia.

Cini challenged that version in yesterday's sitting, pointing to what he described as contradictions between Fenech's evidence in court and statements he had previously given to police.

The prosecution questioned Fenech about recordings which Theuma had allegedly given him in October 2018. Fenech insisted he had never listened to them, despite knowing that they allegedly contained recordings involving Schembri. He confirmed that he had nevertheless handed the USB drive to Schembri.

Cini pointed out that Fenech had therefore given Schembri recordings which he himself had not listened to or copied, despite believing that Theuma might eventually use them against him.

"At that point I respected and protected Keith Schembri," Fenech replied.

Cini responded: "You're so unlucky, Mr Fenech. You gave the alleged proof Melvin had of Keith's involvement to Keith."

"That's right," Fenech said.

The prosecutor accused Fenech of throwing away recordings because they implicated him. Fenech denied this. Cini also questioned Fenech about an alleged attempt by Schembri to have Theuma killed.

"Yes, I remember that clearly. It was the first time I saw his bedroom. He told me he was going to send Camilleri to shoot Melvin. But now I think that was all a lie," Fenech said.

Judge Edwina Grima asked why he now believed Schembri's statement had been a lie.

"Because, thank God, it didn't happen," Fenech replied.

Cini then referred to Fenech's police statement, in which he had described freezing when he believed the situation had reached the point where one person would kill another.

Fenech had also told investigators that he warned Schembri: "Don't be stupid mate, let's not get into any more trouble."

"I tried to tell him not to try to solve one problem by creating another. And then I went home," Fenech told the jury.

Cini pointed out that Fenech had therefore gone home believing that another person was about to be killed. Fenech replied that he had repeatedly tried to call Theuma, but Theuma did not answer.

He later said Schembri had told him that the attempted attack had not taken place because Theuma had his son with him.

The prosecution also returned to the money Fenech had given Theuma.

Fenech maintained that he had initially handed over €50,000 after learning that a €30,000 deposit had already been paid for the assassination. He said he wanted to stop the operation and ensure that Theuma did not suffer a financial loss.

Cini questioned why Fenech, who insists he was not involved in the murder, would voluntarily give Theuma €50,000.

Fenech said he had been trying to shut down the operation and believed Theuma would not lift a finger without being paid.

The prosecutor later referred to Fenech's admission that he paid Theuma between €400,000 and €450,000 after the assassination.

Fenech again attributed his actions to the pressure he was under and his heavy substance use at the time.

"So to get rid of the issue, you paid half a million euro?" Cini asked.

Fenech maintained that the money was paid to stop the extortion and insisted that he had nothing to do with the murder itself.

Cini then asked why Fenech had never gone to senior police officers to report the alleged blackmail or warn the victim's family that a €30,000 contract had been placed on Caruana Galizia's life.

"No, I didn't," Fenech admitted. "If I could turn back time I'd do many things differently."

A significant part of the morning was devoted to 17 Black and Fenech's business dealings.

Cini questioned Fenech about the offshore company and its alleged links to the Electrogas project and to companies belonging to Schembri and former minister Konrad Mizzi.

Fenech repeatedly denied that 17 Black was connected to Electrogas, describing the two as "oranges and apples".

The prosecutor produced an email from Nexia BT's Karl Cini dated December 2015 which identified 17 Black as a target client for payments into the Panama companies Tillgate and Hearnville, owned by Schembri and Mizzi respectively.

Fenech said he had not written the email and insisted that he had only learned of the alleged links through the media.

Cini also referred to Daphne Caruana Galizia's first blog post about 17 Black, published on February 22, 2017, and to later reporting concerning Fenech's ownership of the company.

Fenech acknowledged that the revelations had affected him but denied that he had panicked as Caruana Galizia published further stories.

Asked about a later change in the company's name, Fenech acknowledged that 17 Black was renamed Wings Development Limited.

Cini also referred to an audio recording in which Fenech allegedly told Theuma: "I'll throw her down from here, and I won't regret it."

Fenech acknowledged making the remark but described it as being made in poor taste.

The prosecutor further questioned Fenech about his involvement in a Montenegro wind farm venture and an email in which Fenech had described the project as a massive mistake which had nearly destroyed him.

Fenech attributed the tone of the email to his drug addiction and the breakdown of his marriage.

He accused the prosecution of using his addiction against him.

The issue of money returned later in the morning, when Cini questioned Fenech about an alleged cash delivery from Schembri.

Fenech testified that Schembri had handed him a Reebok sports bag containing cash in around May 2018.

He said he had already given Theuma €50,000 but that the hitmen were demanding another €60,000. Having run short of liquid cash, he turned to Schembri.

Fenech estimated that Schembri had provided between €75,000 and €80,000, of which he kept €60,000 in his safe before handing that amount to Theuma.

Cini remarked that Fenech had once again placed himself between Schembri and Theuma.

"Yes, I had accepted to end up in that position," Fenech replied.

"In a murder," Cini said. "No, after it," Fenech responded.

The trial continues on Wednesday.

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