Former Prime Minister Joseph Muscat has said prosecutors failed to make the most of their case against Yorgen Fenech, describing the murder trial as a “slam dunk” that was ultimately missed.
Speaking to journalist Stephen Grey on the Audible podcast The Reckoning in Valletta, Muscat questioned the prosecution’s approach to the case, which ended with Fenech being acquitted of the murder of journalist Daphne Caruana Galizia.
“I think the prosecution did not approach it in the way… they should have approached it. It was a slam dunk, you know, and they missed it,” Muscat said.
Fenech’s defence team argued throughout the proceedings that former prime minister’s chief of staff Keith Schembri was the person behind the murder. Fenech claimed Schembri had ordered Caruana Galizia’s killing and had passed on information about the police investigation into the October 2017 car bombing.
During the podcast, Muscat was asked about Schembri’s alleged involvement and whether he was trying to downplay the former aide’s role. He rejected that suggestion, saying he had “come to terms with many things”.
Schembri testified during the trial that he had known about Fenech’s involvement in the murder but had not told Muscat or the authorities.
Reflecting on their relationship, Muscat said there was a “human bond” between Schembri and Fenech, adding that his former chief of staff had valued that relationship so much that he had kept certain information from him.
Muscat was also asked whether he believed he owed Caruana Galizia’s family an apology for the failure to secure justice. He said he had apologised to them “immediately”.
He acknowledged that the justice system had failed the family, while pointing out that other victims’ families had also been left without a degree of transparency.
Muscat nevertheless argued that the investigation had not been concealed, saying the information that emerged during the proceedings challenged the idea that a culture of silence, or “omerta”, prevailed in Malta.
He also disputed the suggestion that jurors had acquitted Fenech because they were afraid of his influence.
“I don’t think there was an element of fear in all this,” he said, adding that there had been no allegation of government or political interference in the jury’s decision.
Asked whether it was now known who ultimately killed Caruana Galizia, Muscat replied: “I think we do.”
He refused to expand on the remark, referring to the prosecution’s appeal against the outcome of Fenech’s trial.