Degiorgios refuse to give evidence in Joseph Muscat libel: ‘Why should I testify for free?’

Jailed hitman George Degiorgio has told a court that he refused to testify “for free” in a libel case filed by disgraced former Prime Minister Joseph Muscat -  but not before both he and his brother confirmed having signed a damning declaration naming top government figures in the plot to assassinate journalist Daphne Caruana Galizia.

George and Alfred Degiorgio, who are serving 40-year prison sentences for carrying out Caruana Galizia’s murder in 2017, both refused to testify against Muscat in the libel case, their lawyer, Noel Bianco, officially citing ongoing Constitutional proceedings. 

But well-informed sources explained to the MaltaToday that the Degiorgios want to keep their powder dry and not divulge information which they have long been asking to brief the authorities about, in return for a reduction in punishment.

Magistrate Victor Axiak presided over an incredibly tense sitting on Monday in Muscat’s libel case against lawyer Christian Grima, instituted over a Facebook post in which Grima suggested that Muscat had a hand in the murder of Daphne Caruana Galizia, continued before magistrate Victor Axiak on Monday.

Muscat, who did not attend today's sitting, had strenuously rejected the assertion, telling the court in October 2022, that Grima had “crossed a red line there.” During that sitting, the court had been informed that the parties were close to settling the case out of court, but the agreement was evidently not concluded.

George Degiorgio lets the cat out of the bag

George Degiorgio was first to be called to the witness stand. He entered the courtroom, accompanied by his lawyer, Noel Bianco. 

After the magistrate administered the oath, Bianco informed the court that his clients would not be testifying because of an ongoing Constitutional case. “At this stage it is not opportune for them to testify,” said the lawyer.

The Court pointed out that the defendants only had a legal right not to incriminate themselves in criminal proceedings, and did not have a right to refuse to testify in order to avoid causing prejudice to Constitutional cases. 

Bianco then argued that the proceedings with respect to the Caruana Galizia murder were not over, because the compilation of evidence against Yorgen Fenech had been reopened due to “mistakes by the prosecution.”

For his part, Muscat’s lawyer Pawlu Lia said that bringing the murderers to testify was simply a spectacle for the press.

The magistrate disagreed with both lawyers, however, replying that he saw no impediment to the witnesses testifying.

Lia argued that at law, the defendant in libel proceedings needed to already have had the evidence in hand when the libellous claim was published, but the court pointed out that this was an argument on the merits of the case.

Lawyer Carl Grech, appearing for Grima, submitted that the only reasons for which a witness could legally refuse to testify were limited at law to professional secrecy and to avoid self-incrimination. 

Lia replied that the defence of truth required the possession of evidence, “not go fishing [for evidence].”

Grima’s other defence was fair comment, which Lia said was contradictory and could not subsist together with the defence of substantial truth. “You can’t say that a comment is both libellous, but based on fact, and that it is an honest opinion at the same time.”

The magistrate said these were arguments on the merits and ordered George Degiorgio to testify.

With the self-confessed murderer on the stand, Grech showed the witness a press release signed by Degiorgio himself and asked him to recognise his signature. Lia said that the photocopy was not admissible. He protested that he was not objecting to anything but only wanted things to happen as they should. 

Degiorgio confirmed that it was his signature on the press release, in which he had alleged that facts were being twisted in order “to protect certain prominent individuals” and that the Degiorgio brothers had been used by ex-ministers Carmelo Abela and Chris Cardona, lawyer David Gatt and high-ranking police officers, amongst them a former commissioner of police, as well as “other lawyers and persons of trust.”

Their claims echo ones those already made by the Degiorgios' accomplice and co-conspirator Vince Muscat, who had been jailed for 15 years in 2021, after admitting to his part in the murder.

After reading the document which was projected on a big screen in court, George Degiorgio confirmed that he had written it. 

Grech asked Degiorgio about his statement about the offer of a reward for information on the murder being a ruse, and asked him what he could tell the court about the involvement of former minister Chris Cardona and former OPM Chief of Staff Keith Schembri in the murder.

The defence objected to the questions, saying that it was “impertinent to testify about people who aren’t parties to the case.”

The court suggested that Grech’s questioning be about whether or not Muscat was involved in the murder plot. Grech persisted in asking about Schembri and Cardona, saying it was an important point.

At that point, Degiorgio spoke again. “I don’t want to give this testimony here…” he said. “I have nothing to say.”

“The problem is that the law obliges you to testify. If you don’t there will be problems,” Magistrate Axiak gently pointed out. 

“But why should I be obliged to testify, if I already told other courts that I can’t? Let me have problems then. I asked the President [for a pardon in exchange for this information] and was refused and now you want me to testify for free? When other people got 15 years?”

Degiorgio told the court that he was refusing to answer any further questions.

The magistrate once again reminded the witness that he was legally obliged to testify. “I do not wish to testify… I will testify about it in future. Why should I reveal it for free?” repeated Degiorgio.

The magistrate suspended the sitting and retired to chambers at this point. When he returned a few minutes later, he called Degiorgio to the witness stand again, asking whether he would testify. The witness persisted in his refusal, however.

The court gave him a week to reconsider. “I can tell you my answer now, if you want,” was Degiorgio’s reply.

The magistrate suggested that he take the opportunity offered to consult with his lawyer in the coming week.

Alfred Degiorgio was called to the stand next, where the process was repeated. He was shown the document he had signed, while Lia remarked to the opposing counsel about there being “many different truths.”

He, too, confirmed his signature on the document. Asked whether he confirmed its veracity he said “I choose not to testify for now. At this stage I do not want to. I have ongoing Constitutional proceedings underway and other proceedings. I can’t …”

“I choose not to answer at this stage. The police didn’t let me give my version.”

The magistrate also gave Alfred Degiorgio a week to consider the consequences of failing to testify, before informing him that he would be called to testify again in a week’s time. 

Dr. Adrian Vella did not appear for today’s sitting. Grima and his lawyer told the court that they had paid for his summons to be served on him by hand by a court messenger, some three weeks ago.

The case continues next week.

Lawyer Pawlu Lia is appearing for Joseph Muscat, lawyer Carl Grech is representing Grima in the proceedings.