Prosecutor Anthony Vella told the jury that the evidence leaves Yorgen Fenech with nowhere to hide, arguing that his own words, financial interests, dealings with Melvin Theuma and frantic efforts to cover his tracks point to him as the mastermind behind Daphne Caruana Galizia’s assassination.
Fenech has pleaded not guilty to two principal charges: complicity in the wilful homicide of Daphne Caruana Galizia and criminal association to commit the murder.
Caruana Galizia, a columnist with The Malta Independent, was killed in a car bomb on 16 October 2017.
Five men have already been convicted in connection with Caruana Galizia's assassination. Vince Muscat admitted his role in the murder in 2021 and was sentenced to 15 years' imprisonment. Alfred and George Degiorgio each received 40-year prison sentences after pleading guilty in 2022, while Robert Agius and Jamie Vella were sentenced to life imprisonment in 2025 for supplying the bomb used in the attack.
The prosecution is being led by Attorney General lawyers Godwin Cini, Anthony Vella and Danika Vella, assisted by Assistant Commissioner Keith Arnaud and Inspector Kurt Zahra. Fenech is represented by lawyers Charles Mercieca, Giannella de Marco and Gianluca Caruana Curran, while lawyers Therese Comodini Cachia and Jason Azzopardi are appearing parte civile on behalf of the Caruana Galizia family.
Judge Edwina Grima is presiding.
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17:41 The judge will decide on this legal wrangle tomorrow. The sitting comes to an end.
17:39 Charles Mercieca maintains that recordings in evidence support the defence's claim that Melvin Theuma had already been promised a presidential pardon.
He also refers to an official document from 19 November 2019, when then-prime minister Joseph Muscat said a pardon would be assured if the information provided was fully disclosed and corroborated.
Prosecutor Anthony Vella points out that Theuma's pardon was formally granted on 25 November, insisting it is incorrect to claim that he had already received it before investigators heard Yorgen Fenech's version.
The defence stresses that its argument concerns the promise of a pardon, rather than the date on which it was formally granted, pointing out that the promise dates to 19 November - a day before Fenech's arrest.
17:33 Tensions rise between the defence and prosecution, with Charles Mercieca telling the prosecution: "Sit down and let me make my submissions."
Judge Edwina Grima immediately intervenes, reminding Mercieca that it is the court which determines how proceedings are conducted.
The judge also cautions the defence over its explanation of legal principles to jurors, warning against relying on English law in a way that could cause confusion.
"We are in Malta and Maltese law applies," Grima says.
17:22 The jury is sent out as the prosecution raises a legal issue concerning the defence's references to Melvin Theuma's presidential pardon.
Prosecutors argue that if the circumstances in which Theuma secured his pardon are being raised, Fenech's own request for a pardon should also form part of what jurors are asked to consider.
The defence stands by its argument that Theuma had been promised a pardon before investigators obtained Fenech's account.
In response, the prosecution says the promise was intended to secure Theuma's cooperation and encourage him to reveal what he knew.
Defence lawyer Giannella De Marco replies that this is precisely the point being made by the defence.
17:18 Mercieca tells jurors Melvin Theuma was promised a pardon before police heard Yorgen Fenech's version of events.
The prosecution objects to this remark.
Jurors are led out while the legal point is discussed.
17:17 Mercieca argues that the prosecution's suggestion that other people may have been involved shows, in the defence's view, that it does not fully accept Melvin Theuma's version itself.
He also points out that the investigation is ongoing, arguing that there are still unanswered questions in the case.
"This is not Ludo or Snakes and Ladders - you are deciding on a person," Mercieca tells jurors.
The defence lawyer argues that jurors should not simply endorse Theuma's account because he was granted a presidential pardon, maintaining that his version was not investigated thoroughly enough.
Mercieca particularly questions the investigation into events before Theuma began making his recordings. He claims investigators accepted Theuma's account and moved towards securing his pardon without sufficiently testing what he had told them.
17:15 Mercieca argues that the prosecution failed to explain how Yorgen Fenech allegedly became an accomplice in the murder, while also pointing to what the defence considers major gaps in Melvin Theuma's version.
He says it is not enough for the prosecution simply to describe Fenech as an accomplice, arguing that it must explain how his alleged complicity was established by the evidence.
The defence lawyer then focuses on Theuma's account of a meeting with Fenech before the 2017 general election, which formed part of Theuma's account of how the murder plot began.
Mercieca says the evidence shows that Fenech was abroad during the relevant period, displaying a photograph he says shows Fenech on board the Harmony of the Seas cruise ship between 15 and 22 April. He describes Theuma's account of the April meeting as all as all fantasy
He argues that this is central to the defence's case and points to the prosecution's own acknowledgement that Theuma had difficulty recalling dates.
Mercieca maintains, however, that Theuma had been specific on this occasion, testifying that the meeting took place around two to three weeks before the election was announced.
17:09 Charles Mercieca turns again to Keith Schembri, arguing that the prosecution failed to address aspects of the investigation which the defence considers significant.
He specifically points to the search carried out at Schembri's office at Castille and also raises questions about the conduct of former police commissioner Lawrence Cutajar.
Mercieca further attacks the credibility of witnesses relied upon by the prosecution, describing two of them as among the biggest liars heard during the trial.
The defence lawyer argues that while the prosecution has urged jurors to approach their task diligently, that same level of diligence should have been shown during the police investigation.
Mercieca then holds up a photograph taken during the search at Schembri's office, pointing out that the former chief of staff can be seen holding a mobile phone while investigators carried out the search.
The defence uses the photograph to reinforce its argument that investigative leads concerning Schembri were not properly pursued.
17:02 Mercieca told jurors they were being asked to carry out the work investigators had failed to do, arguing that key evidence had been overlooked during the investigation.
"They told you that justice requires that you work with fervour [żelu]. Investigators worked so fervently that they looked the other way. They all looked the other way, and now the prosecution wants you to convict Yorgen Fenech on the basis of that investigation."
He questioned the prosecution's claim that Fenech was complicit, asking what exactly he had done to make himself an accomplice. "Theuma's version is full of holes."
Mercieca described Theuma's account of the alleged meeting with Fenech as "science fiction", pointing to evidence that Fenech entered the United States on April 7, with his next passport stamp in Dubai on May 2. He also referred to a photograph showing Fenech on a cruise between April 15 and 22.
"This is a central part of Theuma's version. If you have doubts about it, how can you convict?" Mercieca asked.
He also challenged Theuma's account of the timing, stressing that Theuma had not simply said he could not remember the date, but had placed the meeting "two, three weeks before the election date was announced".
"Then the prosecution says 'he may have gotten confused on the dates'. This is a murder we're talking about!"
16:54 The defence has now begun its counter-submission, with lawyer Charles Mercieca taking over from the prosecution.
Mercieca told jurors he would finish his address before 5.30pm, before immediately attacking the prosecution's case.
"A lot of things were said, but I was pleasantly surprised. I was expecting something that would nail Yorgen Fenech, and we got nothing. The prosecution has a weak case. You can't make a silk purse out of a pig's ear," Mercieca began.
16:46 Anthony Vella has concluded the prosecution's final submissions.
He thanked the jurors, the judge, court bailiffs and the other lawyers involved in the case.
With that, the prosecution has concluded its case.
16:43 Vella said the prosecution team had a clear conscience that the evidence showed Fenech had committed the crimes.
"On behalf of the Republic of Malta and the Attorney General, I ask you to find Yorgen Fenech guilty of all the charges against him."
He thanked the jurors for their work and sacrifice, acknowledging that they had a difficult task ahead of them but expressing confidence that they would leave court satisfied that they had delivered justice.
"The important thing is that you go home with a clear conscience, knowing that you have done justice to the accused and to the victim, who was deprived of the most precious thing a person has - their life."
"Two days ago was her birthday and she would have turned 62, had Yorgen Fenech not killed her. Justice for Daphne Caruana Galizia. This is the only and final chance for justice to be done, and that great responsibility is in your hands."
16:37 Vella told the jury that over the past two months they had seen who Yorgen Fenech really was, describing him as the person who ordered the murder and provided the money to pay for it.
He said Fenech obtained information about the investigation and passed it to the killers, while also seeking updates to keep Melvin Theuma - whom he described as his accomplice - calm and away from the police. As his arrest approached, Vella said Fenech deleted his WhatsApp data.
He also accused Fenech of telling Theuma how to mislead police and of continuing to give money to the killers, something he said Fenech himself had confirmed.
"Fenech is the one whose hands are stained with Daphne Caruana Galizia's blood," Vella said.
He argued that this amounted to complicity in murder and urged jurors to return guilty verdicts on both counts.
16:33 The judge has returned to Hall 22, with prosecutor Anthony Vella continuing his closing address to the jury.
16:03 As the prosecution's closing submissions near their end, Vella turns his attention back to Daphne Caruana Galizia.
He tells the court that beyond the evidence and legal arguments heard throughout the trial, what ultimately matters is that a person was killed in a brutal manner.
Vella refers to Caruana Galizia's family and friends, noting that she never had the opportunity to see her grandchildren.
"Above all, she was a person like us," he tells jurors.
The court now adjourns for a 15-minute break before proceedings continue.
16:00 Prosecutor Anthony Vella now moves to the separate charge of criminal association, explaining that it concerns an agreement between two or more people to pursue a common criminal objective.
The prosecutor says such an offence involves an agreement, a shared purpose and a plan of action. He argues that these elements have been sufficiently established through the testimony, recordings and other evidence presented during the trial.
Vella adds that the offence does not necessarily depend on the planned crime ultimately being carried out, maintaining that the agreement itself can give rise to criminal responsibility.
15:58 Anthony Vella tells jurors that the prosecution is not required to provide absolute certainty but must prove its case beyond reasonable doubt.
He says that if, after considering all the evidence, they are morally convinced that Yorgen Fenech was an accomplice in Daphne Caruana Galizia's murder, they should find him guilty of complicity in voluntary homicide.
Vella again urges jurors to base their decision on the evidence they have heard throughout the trial and whether it has convinced them to the standard required by law.
15:49 Vella continues explaining the law on complicity, telling jurors that the prosecution does not need to establish every possible form of participation in the crime.
He says it can be sufficient to prove that Fenech contributed to the common purpose behind the murder through one of the forms of complicity recognised by law.
Vella now returns to the prosecution's case: that Fenech gave instructions to Melvin Theuma, who approached others, with money subsequently changing hands and the plan eventually leading to Daphne Caruana Galizia's murder.
The prosecutor asks whether Fenech's alleged involvement, through instructions, promises or payments, was sufficient to make him an accomplice.
Vella continues by arguing that elements of Fenech's involvement emerge from his own words in recordings made without his knowledge.
15:44 Vella reminds jurors that despite the number of other people mentioned throughout the trial, the case before them concerns Yorgen Fenech.
He says their task is to determine whether the prosecution has proven its case against Fenech to the standard required by law, rather than decide whether other individuals may have been involved.
Vella adds that the possibility of others having played a role does not change the question jurors must answer in this trial.
The prosecutor also notes that the magisterial inquiry into Caruana Galizia's murder remains ongoing and confidential, saying any further lines of investigation would be dealt with separately.
Vella therefore urges jurors to keep their attention on the evidence presented against Fenech and whether it is sufficient to establish his guilt to the degree required by law.
15:36 Prosecutor Anthony Vella broke down the legal concepts of mens rea and actus reus for the jury, explaining that Yorgen Fenech demonstrated criminal intent by hiring Melvin Theuma and fulfilled the guilty act by paying him for the assassination. Vella reminded jurors that under criminal law, an accomplice who orders, instructs, or pays for a crime carries the same legal responsibility as the principal offenders who carried out the act, noting that the three hitmen already admitted and were convicted.
Addressing the scope of the trial, Vella urged jurors to focus solely on whether the prosecution met the standard of proof against Fenech rather than attempting to act as investigators or speculating on other potential figures, reassuring them that the magisterial inquiry remains open to handle any further investigations. Vella emphasised that Fenech's actions firmly established his role as an accomplice, meaning that proving even one of those legal criteria is enough to find him guilty.
15:19 Prosecutor Anthony Vella reminded jurors of Yorgen Fenech's attempted to purchase weapons and cyanide on the dark web. Vella also revisited the dramatic courtroom moment when Keith Schembri testified that Johann Cremona revealed Fenech's lawyers offered him a 400,000 euro bribe to give favourable testimony - a claim a weeping, trembling Cremona ultimately retracted by claiming he made it up when speaking to Schembri.
15:04 Prosecutor Anthony Vella says he is approaching the final phase of the prosecution's closing statements, addressing Yorgen Fenech's alibi that he was abroad when middleman Melvin Theuma claimed the murder was commissioned. Vella dismissed the defence's timeline, pointing out that Fenech had only proven he flew to the USA on one date and entered Dubai on another, failing to account for the actual dates in question.
14:58 Judge and jury are back in the courtroom.
12:59 The court is now taking a lunch break.
12:55 Vella dismantled Yorgen Fenech's claim that he was merely taking his yacht for a routine service on the night of his arrest, presenting WhatsApp chats that exposed a frantic escape plan. The messages revealed Fenech and his uncle Ray discussing flights to Paris, renting property in France, and using a horse trainer's vehicle, with Fenech noting that getting caught would mean ending up in Europol's hands. Ray advised him to "gain time," handle cash and four credit cards carefully, and ask "K" if the airport was safe. Fenech also contacted MIA CEO Alan Borg to ask about traveling discreetly while claiming he wasn't escaping, queried a pilot about a private flight to Nice, and told a Luna Jets representative he could depart within 30 minutes. Vella left it to the jurors to decide how these extensive evacuation inquiries squared with a simple boat maintenance trip.
12:45 Vella moved on to November 2019 and the dramatic night of Yorgen Fenech's arrest, dismantling Fenech's claim that he was merely taking his yacht, the Gio, out for routine maintenance rather than attempting to flee. Vella directed the jury's attention to damning text message exchanges between Fenech and Keith Schembri, in which a panicked Fenech pleaded for support and asked, "Should I leave?", prompting Schembri to reply, "One or the other." Vella highlighted that Schembri himself testified in court that he understood from this exact conversation that Fenech was preparing to escape the country.
12:34 Prosecutor Anthony Vella told the jury that while Daphne Caruana Galizia criticised many people, the central question is whose motive matches the hard evidence of a commissioned assassination.
Highlighting middleman Melvin Theuma's clear testimony, Vella noted that Yorgen Fenech was directly identified as the mastermind, a fact backed by secret recordings where Fenech explicitly admits to handing Theuma 150,000 euros for the murder. FBI evidence further proves that preparations accelerated immediately after June 2017, matching testimony that Fenech pressured Theuma to speed up the plot while hitmen utilized a Bidnija lookout to track the journalist.
Furthermore, Vella detailed how Fenech intercepted leaked police investigation details to tip off the hitmen ahead of a planned raid, and later funnelled money to finance their legal defence. Vella stated that all paths lead directly to Yorgen Fenech, driven by the immense financial and personal losses he confessed in his own private writings to fearing above all else.
12:30 Vella said that Yorgen Fenech alone faced catastrophic financial ruin from the potential collapse of the 500 million euro Electrogas project, driving him to orchestrate the assassination to stop damaging media exposures about his secret company, 17 Black. Condemning Fenech as a fabulously wealthy figure accustomed to manipulating society who spent hundreds of thousands as casually as buying a burger, Vella highlighted that Fenech's own recorded words proved he was petrified of media fallout and harbored deep hatred toward Daphne Caruana Galizia-even joking post-murder about throwing her off a balcony with no remorse. Vella told the jury that the overwhelming convergence of financial motive, frantic cover-ups, and damning evidence proved beyond doubt that Yorgen Fenech ordered the murder.
12:21 Vella addressed Keith Schembri's claimed missing phone, noting his argument that it was implausible someone would keep incriminating evidence on a device for two years. Dismissing the defence's claim that Schembri's motive for murder was revenge over the publication of his private medical illness, Vella argued that while the leak was undoubtedly hurtful, it does not hold water as a catalyst for assassination. Fenech was frantically rushing the murder plot to suppress ongoing, impending exposés that threatened the massive 500 million euro Electrogas project and his own financial empire, whereas Schembri had already weathered public exposure over his secret Panama company in 2016.
12:19 Vella sharply condemned the defence's cruel insinuations regarding the victim's family, particularly their attacks concerning Daphne Caruana Galizia's missing laptop that was never handed over to the police. Vella noted that secret audio recordings captured Yorgen Fenech telling Melvin Theuma that he wanted to get his hands on the laptop specifically because it would throw investigators off, proving it took a heartless mindset to suggest the grieving family did not want true justice. Highlighting testimony from investigators who confirmed the family fully cooperated, Vella pointed out that it was actually the Caruana Galizia family who successfully fought a court battle to remove Silvio Valletta - Fenech's close friend and former deputy police chief - from the murder investigation due to an active conflict of interest.
12:17 Vella acknowledged that Daphne Caruana Galizia's relentless investigative reporting deeply rankled powerful figures, including former OPM Chief of Staff Keith Schembri, who certainly wanted her to stop publishing exposés about him.
However, Vella drew a sharp and crucial legal distinction for the jury: the fact that Schembri may have lied or been implicated in separate criminal offences does not automatically mean he was involved in a murder plot. Pointing out that law enforcement thoroughly investigated Schembri and that he has already faced charges regarding other matters, Vella emphasised that the evidence tying the assassination directly to Yorgen Fenech stands on its own distinct merits.
12:16 Vella targeted the defence's strategy of attempting to pin the entire conspiracy on former OPM Chief of Staff Keith Schembri, pointing out a glaring contradiction in their approach. Vella emphasised that despite Fenech painting himself as an innocent victim caught in the crossfire, the defence conspicuously failed to request a direct, face-to-face courtroom confrontation between Fenech and Schembri during the proceedings.
Challenging Fenech's narrative, Vella asked why Fenech would avoid confronting the very man he accused of framing him for the murder if his claims were actually true. Concluding his argument on the point, Vella told the jury that the silence and absence of a confrontation spoke volumes, stating that Fenech was simply lying and had been too terrified to face Schembri directly.
12:14 Vella highlighted that just weeks after Yorgen Fenech renamed 17 Black to Wings Development Limited, he summoned middleman Melvin Theuma to Portomaso to commission the murder. Pointing out that Theuma was entirely unaware of 17 Black or the true extent of Fenech's panic, Vella revealed how Fenech manipulated the middleman by throwing someone else under the bus, initially claiming that Daphne Caruana Galizia was about to publish damaging information regarding his uncle Ray.
As time passed and the pressure mounted, Fenech grew increasingly desperate, repeatedly urging Theuma to hurry up the assassination plot because the damaging exposé was imminent, prompting Theuma to eventually realise that the secret information actually belonged to Fenech all along. Reiterating Fenech's own private email admissions that he was petrified of the media fallout surrounding 17 Black, Vella noted the ruthless convenience of Fenech's timeline - where he conveniently claimed to have only discovered the massive Electrogas document leak in December 2017, precisely after the financing had been locked down and after he had gotten rid of the journalist.
12:09 Continuing his closing arguments, Prosecutor Anthony Vella dismantled Yorgen Fenech's courtroom claims that he was unfazed by Daphne Caruana Galizia's investigative reporting, pointing to a trail of evasive actions that proved the exact opposite. Vella noted that shortly after the journalist broke the Panama Papers scandal in Malta, Fenech began frantically searching online about the safety and security of companies registered in the Ajman Freezone, where his secret company 17 Black was actually set up, driven by the intense fear that she would uncover his ownership just as she had exposed Konrad Mizzi's and Keith Schembri's offshore structures.
The pressure mounted in February 2017 when Caruana Galizia publicly mentioned 17 Black for the first time, explicitly naming Yorgen Fenech in the comments section to link him directly to the secret entity. Vella emphasised the damning speed of Fenech's reaction, noting that less than a week after that blog post went live, Fenech desperately attempted to cover his tracks by changing the company's name from 17 Black to Wings Development Limited.
12:07 Defence lawyer Charles Mercieca raised another formal objection upon returning to the courtroom, complaining that the prosecution was continuing to reference documents not included in the official acts of the case. The prosecution immediately pushed back against the complaint, rebutting that every document they cited was indeed part of the official case records.
Judge Edwina Grima issued a strict warning to both the prosecution and defense teams, cautioning them to restrict their closing submissions exclusively to evidence that has been formally presented to the jurors, adding that she would reinforce this instruction in her final address.
11:47 Prosecutor Anthony Vella argued that internal Electrogas emails leaked to Daphne Caruana Galizia exposed Yorgen Fenech as the primary go-between linking the consortium to the government, while also revealing secret multimillion-euro bonuses he stood to receive upon hitting contractual milestones-arrangements hidden even from some of his own business partners. Vella stressed that Keith Schembri's secret company, 17 Black, was fundamentally inseparable from the Electrogas project, pointing to documents showing that Schembri's Tillgate and Konrad Mizzi's Hearnville were slated to receive millions through 17 Black as their target client, a connection fully backed by FIAU reports linking those planned payouts directly to Electrogas. Dismissing Fenech's claims that he only learned who owned Tillgate and Hearnville through the media, Vella highlighted a striking piece of visual evidence presented to the jury: a photograph sent by Fenech himself to Schembri and Mizzi showing Fenech posing on a seat explicitly branded with the words 17 Black.
11:41 Vella addressed why Yorgen Fenech was so terrified of media exposure, arguing that the threat extended far beyond mere embarrassment or a standard investigation. What was truly at stake was his immense wealth, reinforcing Fenech's own chilling philosophy that money equals power. Vella pointed out that former BOV Chairman Deo Scerri had messaged Fenech to warn him that news items regarding his secret company, 17 Black, were deeply problematic.
While Fenech publicly dismissed Daphne Caruana Galizia's investigative blog post titled "Trouble brews at Electrogas" as fake news, internal communications told a very different story. An Electrogas employee warned that banks were growing nervous, and Fenech himself acknowledged that the damaging media reports would make lenders uneasy. Vella described the 500 million euro Electrogas venture as Fenech's baby and a massive project he personally piloted, noting that its survival entirely depended on sensitive bank financing and a nearly 400 million euro government guarantee.
11:39 Vella read an email Yorgen Fenech had written to his wife, highlighting Fenech's own frank admissions regarding the immense pressure he was under. In the message, Fenech confessed that the Electrogas project was one massive mistake and that failure would have ruined him, destroying his reputation, respect, and credibility. Furthermore, he addressed 17 Black, writing that it was a huge source of stress and that he was petrified of the consequences it would bring in the media. Vella dismissed Fenech's later attempts to attribute these revealing words to drug addiction, emphasising that nothing Fenech said in public could alter what he had written when he never believed those private words would ever be read.
11:34 Vella reminded the jury that under the law, the prosecution is not legally required to prove a motive, though they had nonetheless clearly demonstrated Yorgen Fenech's active complicity and deep-seated hatred toward the journalist. Vella pointed to a pivotal February 2017 blog post by Daphne Caruana Galizia exposing Fenech's connection to 17 Black as the flashpoint. Highlighting that Fenech himself was captured on secret audio recordings stating he would feel no remorse throwing her off a balcony, Vella said that the evidence of Fenech's malice and direct involvement is absolute.
11:31 Vella emphasizsed that hitman Vince Muscat fully corroborated Melvin Theuma's testimony, confirming details such as Alfred Degiorgio's meetings with Theuma and the payment of the deposit at the Busy Bee café. Vella argued that Theuma's credibility is reinforced not just by Vince Muscat's accounts, but by the physical timeline and technical evidence.
The actions of the hitmen ramped up immediately following the election, with burner phones repeatedly registering in the Bidnija area between August and October 2017. Tracking data further showed that the bomb was relocated from Mosta to Bidnija, and as Vince Muscat testified, the device was planted beneath the driver's seat of Daphne Caruana Galizia's car. Localisation data from the bomb's GSM module confirmed it remained there from the night of October 15 until it was detonated on October 16. Vella said that this convergence of evidence powerfully strengthens both Theuma's and Vince Muscat's versions of events.
11:27 Vella emphasised that middleman Melvin Theuma's testimony remained consistent and was strongly supported by independent technical evidence, including an FBI report that utilised mobile localisation data to track movements tied to the assassination plot.
According to that data, the GSM module used in the bomb was activated in Żebbuġ on January 10, 2017 - near a garage owned by the Maksar brothers. Furthermore, expert analysis revealed that the bomb used to kill Daphne Caruana Galizia shared the exact fingerprint of devices linked to the Romeo Bone car bombing and the attempted murder of Kevin Ellul, aligning with Vince Muscat's account that the Maksars had manufactured three specific devices.
Vella noted that the August 2017 appearance of burner phones near Bidnija precisely matched Theuma's timeline. Theuma had testified that Fenech initially ordered him to hire the Degiorgios before the 2017 election, paused the plot when a snap election was called on May 1, and then reactivated the plan following the June 3 election by handing over 150,000 euros. Vella pointed out that Theuma subsequently paid the hitmen a 30,000 euro deposit, a detail corroborated by Vince Muscat, making the activation of the burner phones in August a perfect fit for the prosecution's timeline.
11:20 Vella attacked the defence's characterisation of the case, turning the focus to Yorgen Fenech's immense real-world power and influence. Vella highlighted Fenech's own boasts to Melvin Theuma - telling him "no one can touch me," urging him to stay strong so "they can kiss our balls," and reassuring him in a pre-arrest message that they would fight together using the plural pronoun.
Emphasising that Fenech operated as a central giant in society rather than a passive bystander, Vella pointed to his extensive network of high-level contacts with ministers, CEOs, and chairmen. The prosecutor detailed how Fenech utilised his wealth and influence to manipulate systems: securing a direct one-stop shop for tax issues, bypassing channels to complain to the FIAU or Planning Authority CEO, placing individuals in government jobs through the prime minister's chief of staff, and obtaining a confidential court decree via Keith Schembri. Fenech's reach also extended to law enforcement, where he fraternised with the deputy police commissioner, and to prison, where chat records and witness testimony confirmed he smuggled a mobile phone to the imprisoned Degiorgio hitmen.
Furthermore, Vella noted that when Fenech lost his mobile phone, Konrad Mizzi advised him to wipe the data from both the device and the cloud. Pointing out that Fenech freely admitted to dishing out 400,000 euros to buy favour and keep people obligated to him, Vella concluded that this pervasive web of influence completely destroys Fenech's claims of innocence and non-complicity.
11:16 Vella focused on the financial transactions behind the assassination, pointing out that when Melvin Theuma told Fenech his share of the cost was 120,000 euros, Fenech responded by saying he would get back to him rather than demanding to know why the middleman was directing such statements at him. Furthermore, when Theuma informed Fenech that he had paid the 30,000 euro deposit for the hit, Fenech handed him 50,000 euros. Vella emphasised that Fenech's own version of events directly places him as a willing accomplice in the plot.
11:00 Vella highlighted that Yorgen Fenech did absolutely nothing to save Daphne Caruana Galizia's life or report the murder plot, noting that even an anonymous tip to the police could have prevented the tragedy. Contrasting Fenech's polite courtroom demeanor where he referred to the victim as Sinjura Caruana Galizia, Vella pointed to secret audio recordings captured months after the assassination where Fenech brazenly stated he would throw her off a balcony and feel no remorse, proving that the fatal car bomb had not been enough to satisfy his malice. Vella condemned the deep-seated hatred directed at a murdered mother, noting that Fenech's desire to violently throw her off Level 21 in Portomaso even after her death showed how severely she had unnerved him. Emphasising that these incriminating recordings are permanent and undeniable, Vella criticised the defence for completely ignoring them and attempting to make the jury forget the damning audio evidence.
10:55 Vella turned his focus to murder middleman Melvin Theuma, questioning the logic of Yorgen Fenech's defence regarding their financial dealings. Vella pointed out the immense contradiction in Fenech's portrayal of Theuma, noting that Fenech described the middleman as an illiterate taxi driver and a money grabber who somehow decided on his own initiative to shell out 30,000 euros of his own money to assassinate Daphne Caruana Galizia, despite having zero personal motive or guarantee of repayment.
Vella emphasised that instead of cutting ties with Theuma, firing him, or anonymously reporting him to the police - especially given that Fenech had a direct line to the deputy police commissioner - Fenech instead admitted to handing him that initial 30,000 euros back along with a 20,000 euro tip, sarcastically calling it a brilliant idea. Furthermore, Vella noted that Fenech confirmed he ultimately doled out an additional 400,000 euros to Theuma, concluding that the only logical explanation for such staggering payouts was that Fenech was fully complicit in the murder plot.
10:50 Prosecutor Anthony Vella highlighted Yorgen Fenech's claims regarding a private meeting with then-Prime Minister Joseph Muscat during a party at Girgenti.
Fenech had claimed in his police statement that Muscat pulled him into a separate room during the event and asked him whether he trusted Melvin Theuma. Vella pointed out that Muscat firmly denied this interaction during the investigation, and text message records flatly contradicted Fenech's timeline.
The day after the Girgenti party, Muscat sent Fenech a text asking, "Did you enjoy it?"
Fenech replied, "Yes. There were a lot of people near you and I'm shy and I had to leave."
Vella argued that if the two men had actually held a private conversation in a room during the gathering, Fenech would never have messaged the prime minister claiming he felt too shy around the crowd and had to leave without speaking to him, exposing the meeting claim as another lie.
10:30 The sitting is suspended for a break.
10:27 Vella noted that despite former Prime Minister Joseph Muscat appearing on Yorgen Fenech's witness list, the defence ultimately chose not to summon him to testify.
The mention of the defence's witness list prompted an immediate point of law from defence lawyer Charles Mercieca, leading the judge to send the jury out of the courtroom. Mercieca complained that the defence's witness list did not form part of the evidence provided to the jurors, arguing that the prosecution was improperly attempting to exploit the fact that a listed witness had not been called.
Dismissing the interruption, the judge expressed frustration with the constant delays, stating that the court could not keep halting proceedings every five minutes and instructing the defence to address the matter during their own closing arguments.
10:24 Vella addressed Yorgen Fenech's claims regarding former Prime Minister Joseph Muscat, specifically the assertion that he held two meetings with Muscat in January 2019, one at Castille and another at Girgenti. Vella dismantled this claim by pointing out that call profile tracking and localisation data showed Fenech was abroad until January 11 and only visited Valletta once that month, on January 14.
Highlighting contradictions in the timeline, Vella noted that on January 15, Muscat sent a text asking if Fenech had arrived safe and sound, to which Fenech replied two days later apologising and explaining he had been without a mobile phone for eight days. Vella argued that it made zero sense for Muscat to text him the day after a supposed face-to-face meeting at Castille asking if he had arrived safely from a trip, branding the meeting claims as yet another fabrication in Fenech's defence story.
10:19 Vella turned to the role of Dr Adrian Vella, the Fenech family doctor for four generations who had known Yorgen since childhood and took him to his Gozo farmhouse the day after Melvin Theuma's arrest when Fenech was in a distressed state. While Fenech claimed that Dr Vella and Keith Schembri had pushed him to escape, Vella pointed out that in his own police statement, Dr Vella admitted that after seeing the confidential investigation documents passed along by Schembri, he finally realised Yorgen was the one behind the murder.
10:16 Vella brings up Yorgen Fenech's claim that three individuals - Adrian Vella, Johann Cremona, and Joseph Muscat - knew he was innocent, starting his critique with business partner Johann Cremona. Vella argued that Cremona's primary motive for keeping middleman Melvin Theuma calm was self-interest to protect their business ventures from the fallout of Fenech's potential arrest, meaning Cremona had a direct stake in keeping Theuma out of police custody.
Highlighting secret audio recordings where Cremona was captured speaking freely without knowing he was being recorded, Vella noted that Cremona remarked that Fenech should have hired foreign hitmen to eliminate the journalist instead of getting tangled up locally, and even stated that she was worse dead than alive. Based on these intercepted conversations, Vella asserted to the jury that Cremona's own words clearly demonstrated his complicity in the murder of Daphne Caruana Galizia.
10:11 Vella addressed Yorgen Fenech's attempt to flee the country on his yacht, the Gio, just prior to his arrest in November 2019, pointing to frantic chat messages that exposed his extreme panic. Vella highlighted that Fenech had scrambled to secure discreet accommodation in France, carried 6,000 euros in cash alongside numerous credit cards, and sent a message to a family member telling them to watch out for his children. The prosecutor also drew attention to communications regarding logistics, such as arranging a vehicle with no trace and noting that they could not just rent and run away with it. Vella dismissed Fenech's excuse that he was merely taking his yacht out for routine servicing, urging the jurors to read the messages themselves and noting that the anxiety captured in the texts was palpable even while reading them.
10:06 Vella addressed Melvin Theuma's visits to the Auberge de Castille where he secured a phantom job, arguing that the evidence shows no direct contact existed between Theuma and Keith Schembri. Instead, Vella maintained that Theuma went to Castille because Yorgen Fenech directed him there, pointing out that Fenech had phoned Theuma beforehand to let him know he would receive a call from Sandro Craus to arrange the visit, meaning the actual line of communication ran between Schembri and Fenech.
Vella emphasised that if Schembri had truly been involved in the murder as Fenech claimed, Fenech certainly would have referenced it in the panic-driven screenshots of his text messages with Schembri taken right before his arrest. Rather than confronting Schembri or sending a message expressing anger over being dragged into the plot, Fenech remained silent on the matter. Vella concluded that this omission was deliberate because Fenech knew he had no such basis for the accusation, noting that sending any such text would have immediately triggered a blunt denial from Schembri and exposed yet another fabrication in Fenech's defence.
9:59 Vella addressed Yorgen Fenech's core defence argument that Keith Schembri was the actual mastermind behind the murder. Vella highlighted that just hours before his arrest, Fenech panicked and took screenshots of his chat history with Schembri, pointing out that the messages contained zero evidence of Schembri's involvement in the assassination and instead showed Schembri simply advising him to be aggressive and fight. Vella questioned why Fenech would bother capturing those specific screenshots if they supposedly possessed recordings heavily implicating Schembri, calling out the inherent contradiction in Fenech's claim that he handed an unreviewed pen drive of self-incriminating audio directly to Schembri in October 2018. Dismissing the defence's narrative as entirely fabricated, Vella concluded that these alleged recordings existed only in Fenech's imagination and were backed by not a single trace of actual evidence.
9:55 Vella emphasized the steady flow of sensitive information from the inner workings of the murder investigation directly to the suspects under surveillance. He argued that because of Yorgen Fenech, the killers received advance warning of their impending arrests, which severely endangered the safety of the investigators. Vella added that Fenech's leaks tipped off the assassins that law enforcement was closing in on the bombmakers, the Maksars, and alerted the Degiorgio brothers to the fact that fellow hitman known as Koħħu was cooperating and speaking out.
Addressing why Fenech never recorded Melvin Theuma, Vella asserted that recording was never a viable option because the audio captured two active accomplices conversing together. Fenech's primary goal, the prosecutor maintained, was to block investigators from moving up the chain of command from the hitmen to Theuma, ultimately shielding himself from exposure.
9:50 Prosecutor Anthony Vella argued that Yorgen Fenech was not pressured or threatened by Melvin Theuma, but was instead the one calling the shots and steering the situation. Vella pointed out that Fenech attempted to mislead investigators by coaching Theuma on what to say during a regular telephone call that he knew was being intercepted by the Security Service.
Highlighting Fenech's efforts to cover his tracks, Vella noted that Fenech wiped his mobile data, leaving investigators with digital records starting only from January 2019 - three months after Theuma delivered a letter detailing the betrayal and implicating both Fenech and Keith Schembri in the assassination. At that time in January 2019, investigators reached a crucial crossroad on whether to arrest Theuma immediately or let the probe continue because they already knew about the audio recordings and wanted to secure them.
Vella added that just days before the arrests in November, Fenech instructed Theuma to scrub all evidence completely, citing a Signal message in which Fenech told him to make sure everywhere was one hundred percent clean. These actions, Vella concluded, proved that Fenech's primary focus was destroying evidence rather than proving his innocence.
9:44 Vella highlighted key questions he argued Yorgen Fenech could not answer, challenging the logic of Fenech's defence.
Fenech was a corporate CEO, yet he never recorded Melvin Theuma despite suspecting he was being selectively recorded.
Fenech spent over a year before his arrest aware that Theuma was trying to implicate him in a murder, but he made no effort to gather evidence to prove his innocence.
Theuma was an employee who lacked unrestricted access and needed permission to reach Fenech's office via Portomaso reception, yet Fenech never messaged him to demand an explanation for the accusations.
Instead of confronting Theuma, Fenech sent a text stating, "I told you I want nothing to do with his murder."
Fenech could have easily called Theuma on a regular phone line while knowing calls were intercepted, but chose not to.
Vella argued that Fenech avoided confronting or recording Theuma because any such challenge would have backfired, as Theuma would have simply reminded him that he was the person who ordered Daphne Caruana Galizia's assassination. Concluding his point on the audio evidence, Vella reiterated that handing an unreviewed pen drive containing incriminating recordings directly to Keith Schembri-whom Fenech himself claimed was the mastermind-defied all common sense.
9:37 Prosecutor Anthony Vella slammed Yorgen Fenech's courtroom narrative as an insult to the public intelligence, pointing out the absurdity of Fenech's claims regarding crucial audio evidence.
Fenech testified that he handed Melvin Theuma 50,000 euros while telling him he would get back to him regarding the assassination of a mother.
He claimed that in October 2018, Theuma gave him a pen drive containing recordings where Fenech's own voice discussed the murder.
Despite holding potential proof, Fenech asserted he never listened to the files and instead passed recordings that allegedly implicated Keith Schembri directly back to Schembri.
Vella dismissed the defence narrative as entirely nonsensical, emphasizing that Fenech had completely altered his version of events compared to his initial police statement. While Fenech previously told investigators that Schembri was not present at the ranch, he later testified in court that both Schembri and Theuma were there together, with Schembri visibly agitated over Daphne Caruana Galizia's articles concerning his health before the two men held a private conversation.
9:35 Resuming his address, Prosecutor Anthony Vella directed his criticism at Yorgen Fenech's time on the witness stand, pointing out that after seven years of waiting to have his say, Fenech's testimony lasted just a few hours and proved remarkably brief and devoid of substance. Vella argued that Fenech failed to substantiate several key claims during his testimony, specifically noting that he omitted any explanation for why he assumed Keith Schembri was the mastermind behind the assassination, why he claimed Chris Cardona was involved, or why he believed David Gatt played a part in the plot.
9:30 The judge refers to the testimony of PS Josef Gerada, who had been testifying about the contents of a device when his testimony was suspended on 1 August after the defence raised an objection.
At the time, Gerada had been testifying about a chat between Theuma and Degiorgio.
The court had directed the prosecution to indicate from which document exhibited in the acts the messages had been extracted.
However, when Gerada resumed his testimony on 4 August, he did not continue testifying about the chat. The prosecution therefore did not indicate from which document in the acts the extracted messages had been taken.
The court rules that, since Gerada did not ultimately testify about the messages exchanged between Theuma and Degiorgio, the prosecution cannot refer to those messages in its reply.
Grima also orders a correction to the record of the 1 August sitting, removing the part which stated that the chats had been uploaded to the jurors' tablets.
The judge notes that this had not happened after Gerada's testimony was suspended.
The court directs the prosecution to refer in its reply only to evidence which was presented to the jury and is available on the jurors' tablets.
Grima also says she will direct jurors to disregard the prosecution's submissions concerning the disputed chats, since those chats had not been presented to them.
9:20 Judge Edwina Grima enters Hall 22. Proceedings can continue