Middleman insists promise of bail for Caruana Galizia killers came from Keith Schembri

Recordings of conversations made by pardoned middleman Melvin Theuma started being heard in court as the compilation of evidence against Yorgen Fenech continued

Yorgen Fenech stands charged with being the mastermind in the Daphne Caruana Galizia murder
Yorgen Fenech stands charged with being the mastermind in the Daphne Caruana Galizia murder

The middleman who contracted Daphne Caruana Galizia’s three killers is certain that a promise of bail made to them by a Kenneth Camilleri was coming from Keith Schembri.

Middleman Melvin Theuma had even used Keith’s name in conversations with alleged murder mastermind Yorgen Fenech.

Theuma was testifying on Thursday in the compilation of evidence against Fenech, during which recordings of conversations made by Theuma, started being heard.

Theuma clarified that although in the recordings he is heard saying that Keith told him to pass on the message to Caruana Galizia’s killers, it was Camilleri who spoke to him.
"I got it in my head that Keith [Schembri] was passing on this information to Kenneth Camilleri. After all, Yorgen Fenech did not know Kenneth… Kenneth told me this, not Keith. I just associated Kenneth with Keith," Theuma said.

Kenneth Camilleri had formed part of the then prime minister Joseph Muscat’s security detail and was a close associate of the former chief of staff Keith Schembri.

The incident goes back to 22 October 2018 when Theuma says Camilleri told him to pass on the message that the Degiorgios would get their pledge and a million euro each.

Brothers George and Alfred Degiorgio, and Vince Muscat were arrested in December 2017 and accused of planting and detonating the bomb that killed Caruana Galizia two months earlier.

Mario Degiorgio, a brother to the Degiorgios, had been pestering Theuma about the promise of bail for his siblings.

Theuma told the court that he had been faced with a "huge problem", receiving WhatsApp messages from Mario Degiorgio at 8am in the morning where the latter asked him whether he was sure his brothers would get bail. 

Theuma said that he even considered taking Mario Degiorgio to Mellieħa to Keith Schembri's house because he didn't want to shoulder responsibility for guaranteeing bail himself.

Theuma said that he eventually told Mario Degiorgio that he had been played with guaranteeing bail on 22 October because it clearly was a promise that would not be kept.

"Keith Schembri hadn't even fixed his own court issues, so how could he guarantee that he could solve another's problems?" Theuma testified.

In the recording played in court today, Theuma is heard saying: "Kenneth fell from the sky? I don't think he fell from the sky."

The recording was done in Theuma’s car when he went to the airport to pick up Fenech and his children.

Theuma told Fenech that the information he received from Kenneth, likely came from Keith Schembri. In the recording, Fenech did not seem to have entertained the idea, or at least, did not seem to be acknowledging it. The sound was faint and while Theuma's voice was clear, Fenech's not so much.

Very faintly, the words 'pledge' and 'Keith' can be heard in the recording. "Here I am telling Yorgen that Keith Schembri told Kenneth Camilleri that the Degiorgios will get the pledge and a million each," Theuma clarified in court.

Theuma said he started recording his conversations with Fenech when Vincent Muscat started talking to the police in 2018. 

Asked by the magistrate what Fenech would tell him when he mentioned Keith Schembri, Theuma said “Yorgen always told me that he was getting information from Keith.”

12:24 Thank you for following this liveblog. That's it for today's sitting. Kurt Sansone
12:24 The court has been adjourned. The next hearing is on the 5 February at 9.30am. Two other sittings, starting at 10am, will be held on 13 February and 20 February. Kurt Sansone
12:21 The plan is for Theuma to answer questions about the recordings after a transcription has been made of all of them, since the court was not satisfied with the quality of the recordings. Kurt Sansone
12:15 The court is planning to appoint an expert to transcribe the recordings, specifically Margaret Debattista. The magistrate vouches for Debattista's diligent transcriptions. Both parties, defence and prosecution, agree. Kurt Sansone
12:14 Arnaud is speaking to Magistrate Montebello about details mentioned in the recordings but their conversation is out of earshot. Kurt Sansone
12:13 Theuma is escorted by security out of the courtroom. Kurt Sansone
12:13 The deposition of Melvin Theuma is being suspended for the time being and will continue at a later stage. Kurt Sansone
12:13 "Keith Schembri hadn't even fixed his own court issues, so how could he guarantee that he could solve another's problems?" Theuma says, adding that the same had been said by Yorgen Fenech and that this was in a later recording. Kurt Sansone
12:12 Theuma says that he had eventually told Mario Degiorgio that he had been played with guaranteeing bail on 22 October because it clearly was a promise that would not be kept. Kurt Sansone
12:12 Mario Degiorgio is the brother of Alfred and George Degiorgio, the two men accused, alongside Vince Muscat, of having planted and detonated the bomb that killed Daphne Caruana Galizia. Kurt Sansone
12:11 Theuma says that he even considered taking Mario Degiorgio to Mellieha to Keith Schembri's house because he didn't want to shoulder responsibility for guaranteeing bail himself, because after all he hadn't promised it, but Kenneth Camilleri did. Kurt Sansone
12:10 Theuma says that he had been faced with a "huge problem", receiving WhatsApp messages from Mario Degiorgio at 8am in the morning where the latter asked him whether he was sure his brothers would get bail. Kurt Sansone
12:06 "Someone sent Kenneth," Theuma says. "I was so certain that he had been sent by Keith Schembri that I didn't even bother asking." Kurt Sansone
12:06 The recording is stopped and Arnaud asks Theuma a few questions. Kurt Sansone
12:05 Yorgen Fenech is sitting bent-backed, elbows on his knees in court as the recordings are played. Kurt Sansone
12:04 The children are also heard in the background, speaking in English. Kurt Sansone
12:04 "I might have the chance to speak to him this week, but I'm not going to shoulder any responsibility, because that's unfair," Theuma is saying in the recording, but it's unclear who he is referring to. Kurt Sansone
12:04 The recording again: Theuma is saying, "Kenneth fell from the sky? I don't think he fell from the sky." He is telling Fenech in Theuma's car that the information he received from Kenneth, likely came from Keith Schembri, but Fenech doesn't seem to be entertaining this idea in the recording. Or at least, he doesn't seem to be acknowledging it. The sound is faint and while Theuma's voice is clear, Fenech's not so much. Kurt Sansone
11:57 Theuma is being grilled to clarify, to explain how he could make such an association. Theuma is clearly under intense pressure and appears to be struggling to provide a lucid answer. Kurt Sansone
11:56 In the recording, we can hear Theuma saying: 'Keith told me this.' But Theuma is now telling the court that it's not true that Keith had told him that the pledge would be granted. "Kenneth told me this, not Keith. I just associated Kenneth with Keith." Kurt Sansone
11:56 "I got it in my head that Keith [Schembri] was passing on this information to Kenneth Camilleri. After all, Yorgen Fenech did not know Kenneth," Theuma says. Kurt Sansone
11:55 Theuma says that Kenneth Camilleri had told him to pass on the message that the Degiorgios would get their pledge on 22 October 2018. Kurt Sansone
11:55 "He is mentioned at later stages as well. Yorgen always told me that he was getting information from Keith," Theuma replies. Kurt Sansone
11:54 "What did Yorgen tell you when you mentioned Keith?" the magistrate asks. Kurt Sansone
11:54 "I mentioned the word 'betrayal' here when I was referring to lawyer Arthur Azzopardi because Yorgen Fenech had told me that Vincent Muscat was being pressured to tell all by his lawyer," Theuma says. Kurt Sansone
11:53 Kenneth Camilleri formed part of former prime minister Joseph Muscat’s security detail at some point and had been mentioned by Theuma in previous sittings. Kurt Sansone
11:53 Very faintly, the words 'pledge' and 'Keith' can be heard in the recording. "Here I am telling Yorgen that Keith Schembri told Kenneth Camilleri that the Degiorgios will get the pledge and a million each," Theuma clarifies. Kurt Sansone
11:48 "I have no idea about dates," Theuma says. "I didn't date the recordings. I cannot tell you when this happened." Kurt Sansone
11:47 The recordings are being played again. The conversation is about football, the Champions League specifically. Kurt Sansone
11:46 Theuma clarifies that Fenech was aware that he was being recorded at a later stage. This was when Theuma had told Johann Cremona of his intentions to record, he says. Kurt Sansone
11:45 "How can I tell him that I'm recording him?" he tells the court when the magistrate asks if Fenech was aware he was being recorded. Kurt Sansone
11:44 Theuma says he had two mobile phones, one of which he would leave between the driver's seat and the passenger's seat. He would leave this on airplane mode so he would not receive any calls on it. Theuma confirms that Fenech had no idea that he was being recording. Kurt Sansone
11:44 "It's definitely not 2017. I started recording things when Vincent Muscat started talking to police. This was in 2018," Theuma reiterates. Kurt Sansone
11:43 "The voices are mine and Yorgen Fenech's. There are also his children in the background. This was when I had picked him up from the airport sometime in 2018," Theuma says, but argues that he isn't certain. Kurt Sansone
11:42 Theuma could be heard speaking now. Arnaud asks the middleman to confirm who the voices belong to... Kurt Sansone
11:42 The sound of the child has returned in the background of which is a man, cursing... "we have a present" could also be heard but it's unclear who is doing the talking. Kurt Sansone
11:41 We hear the sound of a car but nothing else... Theuma confirms that this is the sound of his Jaguar. There is a regular beeping sound. Kurt Sansone
11:39 File 005 inside folder SC00017790 will be played first. Arnaud explains that some recordings contain periods of silence. The recording starts... Kurt Sansone
11:39 Theuma has entered the courtroom. Fenech looks at him. The court explains to Theuma that his recordings will be played out and he might be asked to answer some questions. Kurt Sansone
11:37 The court is back in session. Magistrate Montebello has returned from her chambers and the recordings will be played now. Kurt Sansone
11:22 Inspector Arnaud is now helping court staff to locate the files presented by court expert Alvin Cardona. There seem to be some technical issues. Kurt Sansone
11:21 We are back in court, but the session is yet to continue. Yorgen Fenech has been ushered out of the courtroom by security. His wife has managed to find a seat to the side and is waiting, like us, for the hearing to continue. Kurt Sansone
11:03 The court is suspended for 15 minutes. Kurt Sansone
11:03 QUICK REMINDER: The recordings and files which Theuma had given to police were presented in a box. Inside the box, the first thing police saw was a picture of Theuma with Keith Schembri inside the latter's office. The box also contained a SIM card and a pen drive containing conversations between the middleman and Fenech. Theuma had made the recordings as a kind of insurance when he feared Fenech and Schembri "would get him next." Kurt Sansone
10:58 The court also orders that Melvin Theuma be handed the soft copies of the files that he himself had presented to police. Kurt Sansone
10:58 Yet another recording slips out of the speaker as the court expert sifts through the files. It's again the sound of a mumbling child. Kurt Sansone
10:55 The court also orders that the copies that will be handed to all parties will not be published or handed to third parties in any shape or form. Kurt Sansone
10:54 The defence expresses its wish to have its own copy of the files. The court finds no problem with this and asks the court expert to eventually present them with a copy of all files presented by Theuma to the police. Kurt Sansone
10:53 Lawyer Gianluca Caruana Curran asks Arnaud whether the files presented to the court are all the files that Melvin Theuma handed to the police. "Yes, all of them," Arnaud replies. Kurt Sansone
10:53 Lawyer Marion Camilleri asks the court how long the court hearing is expected to take. Magistrate Montebello says "there's no time" but assumes it might continue up until 12:30pm. Kurt Sansone
10:53 Arnaud tells the court that he knows which recordings will be helpful to the court. “Export the file and use it on a media player or VLC, because it will help us play the file with greater ease,” Arnaud tells the court. Kurt Sansone
10:52 Theuma had recorded several conversations with Fenech after the murder when he started getting jittery when one of three men charged with detonating the bomb was asking for a presidential pardon. Kurt Sansone
10:50 Melvin Theuma is the middleman who has been granted a presidential pardon in exchange for information that could help the investigation and the prosecution with evidence against Fenech and others. Kurt Sansone
10:48 Inspector Arnaud confirms that the recordings and files submitted by court expert Cardona are copies of recordings that Theuma had handed to police. Kurt Sansone
10:46 There's a clumsy demeanour in the courtroom: people are standing, leaning on cabinets, some unhappy murmurs of dissension, the recordings are yet to be found, journalists packed like sardines close together... and the accused is having a chat with his defence lawyer, Marion Camilleri, while bouncing his feet against the floor, clearly impatient. Kurt Sansone
10:43 A recording has slipped out of the speakers prematurely... we could hear a child mumbling and an adult saying, "good boy." It has been stopped before it could go on any further. Kurt Sansone
10:42 Fenech's family members have been allowed to remain standing at the back of the courtroom. Kurt Sansone
10:40 Caruana Galizia’s sister doesn't want to make space for others to join her on the bench, arguing that she has a bad back and needs to lean. Kurt Sansone
10:39 Family members of the accused who are standing have been asked by court security to leave the courtroom since they are not allowed in unless they are sitting. The court has ordered for seated individuals to make room for the family. Kurt Sansone
10:38 The magistrate says that yet another court expert will have to be appointed to transcribe the recordings. However, she confirms that the recordings will be heard. The court expert is helping the court locate the relative folders on the hard drive. Kurt Sansone
10:38 In chambers, some recordings are being looked for on the hard drive, which will be presented to the court shortly. Kurt Sansone
10:37 The magistrate has told off Arnaud for not informing the accused of such a court application. Kurt Sansone
10:37 The defence is arguing that it was not informed up until Tuesday that the prosecution would be employing a court expert, not giving them ample time to reply. Kurt Sansone
10:25 "Yesterday, when checking that everything is OK with the files... I checked with inspector Arnaud and everything seems to be working fine," he tells the court. Kurt Sansone
10:20 He has submitted a number of photographs, 23 in total, and a report attached to these set of photographs. It is unclear what the photographs contain. He has also submitted a hard drive containing a soft copy of the photographs as well as a copy of a drive with 190GB of data. Kurt Sansone
10:18 Cardona had been appointed by another court to analyse the victim's laptop, two cameras and memory cards. Kurt Sansone
10:17 Court expert Alvin Cardona will be the first to testify. Kurt Sansone
10:16 Lawyers Therese Comodini Cachia and Jason Azzopardi, appearing parte civile for the Caruana Galizia family, have entered, as has Magistrate Rachel Montebello. Kurt Sansone
10:16 The courtroom opens. Arnaud stands across from defence lawyer Gianluca Caruana Curran. Yorgen Fenech is brought inside by three armed guards. Kurt Sansone
10:15 QUICK REMINDER: Yorgen Fenech was arrested last November while trying to leave Malta on his yacht. He was subsequently charged with involvement in the murder of Daphne Caruana Galizia. Fenech was arrested 24 hours after the prime minister announced that he was considering a pardon for the middleman in the murder. Eventually, Melvyn Theuma, the middleman, was granted a presidential pardon to testify against Fenech and three other men who had been charged with placing and detonating the bomb that killed Caruana Galizia. Kurt Sansone
10:10 Lead investigator, Inspector Keith Arnaud has also arrived. Kurt Sansone
10:10 Family members of Daphne Caruana Galizia are also here waiting for the hall to open. Kurt Sansone
10:04 Our court reporter has spotted middleman Melvin Theuma, who was granted a presidential pardon to tell all about the murder. Kurt Sansone
10:03 Security is tight in and around the law courts. Two armed guards are standing by the door to the hall, while one is waiting inside. Kurt Sansone
10:00 Good morning. We are in court to follow the compilation of evidence against Yorgen Fenech. Kurt Sansone

Previous sittings

In the last sitting, a day before Christmas Eve, Fenech was denied bail by Magistrate Rachel Montebello.

Fenech is being charged with complicity to the murder of Daphne Caruana Galizia, complicity in the execution of an explosion, and being part of a criminal organisation.

In the previous hearing, the court heard how former OPM chief of staff Keith Schembri’s office in Castille was only searched by the police 10 days after he had been arrested and interrogated for 50 hours.

The revelation came from court testimony given by Keith Arnaud, the lead investigator in the case. Arnaud was being cross-examined by Fenech's defence team of Fenech.

The court heard Arnaud testify that when Schembri was arrested, his office in Castille was not sealed by the police. Schembri had already resigned his public post by then and the police relied on Schembri's successor, Mark Farrugia's claim, that the office was closed and nobody was allowed to enter the moment Schembri was arrested.

Under cross-examination by parte civile lawyer Jason Azzopardi, who is appearing for the Caruana Galizia family, Arnaud said that the police had asked Schembri for his cloud and email passwords but these were not given because of sensitive work information.

Schembri told police that he lost his phone and Arnaud confirmed in court that the police had asked for technical data to be able to locate the last known whereabouts of the phone. It is as yet unknown whether his phone has been located by the police.

Fenech, a Tumas Group shareholder, spent Christmas and the New Year in jail after the court ruled that it was not satisfied justice would be served if bail is granted, given that multiple investigations were ongoing.

In previous sittings, the court head how Fenech had planned an escape to Tunis, having discussed it with his brother, Franco, at Fenech’s doctor Adrian Vella’s farmhouse. Police had also found €7,000 in cash on Fenech's boat, Gio, when he was arrested in November as the boat was leaving the Portomaso marina.

Lawyers Gianluca Caruana Curran and Marion Camilleri are appearing for Fenech. Police Inspector Keith Arnaud is prosecuting.