The Yorgen Fenech murder trial will continue this morning with the defence making submissions urging jurors to acquit their client.

On Wednesday, Yorgen Fenech's lawyer Charles Mercieca set about picking apart the prosecution's case.

Much of his focus fell on Melvin Theuma, the pardoned middleman, whose credibility he repeatedly called into question.

However, former Office of the Prime Minister Chief of Staff Keith Schembri remained a recurring figure in the defence's version of events, placing him as the murder mastermind.

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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09:45

"We will be brief," defence lawyer Giannella De Marco says, looking at the defence witness list.

Around five witnesses are expected to take the stand, including an OPM representative, an HSBC representative, and an Electrogas representative.

And with that, we're on a break until 10:15am.

9:49 Mercieca delivered his final appeal to the jurors by quoting Keith Schembri's characterization of Melvin Theuma as the biggest liar in Malta, arguing that Schembri made that statement because he knows the true state of affairs, which also explains why he rushed to the prime minister regarding the presidential pardon.

True justice, Mercieca emphasized, requires convicting the actual perpetrator rather than an innocent person. He warned the panel that convicting Yorgen Fenech would constitute a miscarriage of justice for Fenech himself, for society at large, and for Daphne Caruana Galizia.

Mercieca made his ultimate plea to the jury.

"I ask you to return a verdict of not guilty," he told them.

With those closing words, Mercieca concluded his address, and the court recessed for a break before the defence moves forward with calling additional witnesses.

9:41 Mercieca questioned the motives behind granting Melvin Theuma a presidential pardon and a fictitious government position, asking the jurors how all this apparent protection aligns with a genuine search for the truth. He pointed to suspicious circumstances, including why Theuma lied about a meeting at the Blue Elephant restaurant, why he spent months preparing for his arrest, and why he made multiple visits to the Auberge de Castille.

Directing the jury's attention toward Keith Schembri, Chris Cardona, the Degiorgio brothers, and the details surrounding election timelines, Mercieca asked them to consider who communicated with Schembri at Castille and who claimed Schembri was considered number one by those at the potato shed. He also highlighted the timing of the assassination before urging the jurors not to throw a lifeline to Melvin Theuma and Keith Schembri. 

9:37 Mercieca shifted his focus to the conduct of high-ranking police officers throughout the murder inquiry. He noted that Deputy Commissioner Silvio Valletta recused himself from the investigation due to his friendship with Yorgen Fenech, yet pointed out that Valletta was never brought to the witness stand to answer the prosecution's allegations against him.

In contrast, Mercieca stated that documented evidence clearly shows former Commissioner Lawrence Cutajar and Assistant Commissioner Mario Tonna provided assistance to Melvin Theuma. Mercieca said that it is now beyond doubt that the former commissioner was corrupt and that Theuma is a liar.

9:30 Mercieca advised the jurors that they must carefully weigh a witness's personal interests when determining the credibility of their testimony. He noted that while the law does not dictate that a witness's testimony must be automatically dismissed simply because they have an agenda, the fact-finder must be thoroughly convinced of its truth before relying on it.

Mercieca said that Theuma had testified from a prearranged script, drawing attention to recorded conversations between the police commissioner and Edgar Brincat, known as il-Ġojja, who was a close friend of Theuma for some 30 years and whom Theuma had described as a second father.

Mercieca highlighted a discussion where il-Ġojja allegedly admitted to writing down what Theuma should say during police interrogation, pointing out that the commissioner had responded by saying he had listened to the recordings and that Theuma sounded perfect. Mercieca questioned how anyone could be convinced by Theuma's testimony given these revelations about coaching and coordinated narratives. 

09:26 Charles Mercieca continued casting doubt on the reliability and completeness of the audio recordings gathered from Melvin Theuma. He questioned which sections might be missing, why certain parts were omitted, and pointed out that investigators failed to examine the content that was left out.

Mercieca emphasised that the police never even bothered to check whether the individual supposedly behind the assassination was actually out of the country when Theuma claimed the murder plot was set into motion. Returning to his previous point regarding the influence Theuma believed he possessed, Mercieca argued that Theuma felt backed by power, which explains why he proceeded to pay for the crime despite his comfortable financial situation. 

09:21 Prosecutor Anthony Vella had told jurors they would never have the full picture, but would have enough pieces to form a good idea of what the hypothetical photograph showed, Mercieca said.

Mercieca warns that selectively interpreting evidence is dangerous. He says that Theuma selectively chose when to record.

He also goes into the caution historically attached to the testimony given by an accomplice.

09:14 Defence lawyer Charles Mercieca starts off by reading the definition of complicity from the Criminal Code.

He gears up to point out why Yorgen Fenech's role does not tally up with it.

09:09 The public gallery is packed as Charles Mercieca gets things underway with a "bongu", including a "Bongu, Yorgen" to the accused.

 "Today I will conclude my submissions," he says.

It is the third day of the defence's submissions, laying out its case after weeks of testimony and evidence.