Melvin Theuma in court: 'Yorgen knew the big people, I thought he could help'

The pardoned middleman, Melvin Theuma, under cross-examination says he took the request for bail by three men accused of murdering Daphne Caruana Galizia to Yorgen Fenech because he knew 'the big people'

Sketch of the accused in the dock this morning | Artist: Perit Eric Gerardi
Sketch of the accused in the dock this morning | Artist: Perit Eric Gerardi

Melvin Theuma tells the court that he took the request for bail made by three men accused of murdering Daphne Caruana Galizia to Yorgen Fenech because he "knew the big people".

"I thought he could help," Theuma said during cross-examination in the compilation of evidence against George Degiorgio, Alfred Degiorgio and Vince Muscat.

Theuma said he was being pressured by Mario Degiorgio - the brother of the Degiorgios - to secure bail for his brothers. He reiterated that a promise for bail and a payment of €1 million each was made to him by Kenneth Camilleri.

Theuma said he feared being thrown under the bus after one of the accused, Vince Muscat, started speaking to the police in 2018. Theuma who acted as the middleman in the Caruana Galizia murder was granted a presidential pardon to tell all.

Theuma, acting on instructions from Yorgen Fenech, had contacted Alfred Degiorgio and commissioned him to carry out the murder of Caruana Galizia.

Alfred, his brother George, and Vince Muscat are accused of having planted and detonated the bomb that killed Caruana Galizia on 16 October 2017.

13:16 The sitting has ended. Kurt Sansone
13:13 Theuma is asked about lawyer Arthur Azzopardi, who had taken up the defence of Vince Muscat at some stage. “He had once been my lawyer. He had put me in touch with another lawyer to do a contract over some property,” Theuma says. Kurt Sansone
13:06 Jason Azzopardi asks him about a particular conversation with Mario Degiorgio. “Mario Degiorgio told me that Alfred wants me to speak to his sister's husband. I found him on GPS. He asked me about medical cannabis permission, which was the responsibility of Chris Cardona's ministry,” Theuma replies. Kurt Sansone
13:04 Theuma admits that his statement that “as far as [he] knows, he only recorded Fenech” was left open on purpose. Kurt Sansone
13:03 Defence lawyer William Cuschieri remarks that this is all new and doesn't reflect well on the witness. Kurt Sansone
13:03 The witness isn't excluding that he could have recorded other people too, but says that he hadn't actually heard any of the recordings. “I have a big doubt as to whether I've ever recorded Johann Cremona, for example.” Kurt Sansone
13:02 “I don't know, but he sent Kenneth... automatically this came to me but I didn't hear him say it so I can't say he said it,” Theuma says. Kurt Sansone
13:02 "Am I incorrect in reaching the conclusion that Keith Schembri knew about Melvin Theuma?" asks Azzopardi. Kurt Sansone
13:01 “This happened in 2019. He sold one limited edition watch for around €13,000. Yorgen gave me the gold to calm me down and stop me from talking. It was worth maybe €100,000,” Theuma says. Kurt Sansone
12:58 Lawyer Jason Azzopardi re-examines Theuma. He asks about the Rolex watch, which was mentioned for the first time today. Kurt Sansone
12:57 Cuschieri asks Theuma if he had collected money not for the Degiorgio family but for himself. “No. I say this under oath, it is not true,” he protests. Kurt Sansone
12:56 He denies being told anything else about the Malta police, but clarifies that he had previously been spoken to about “Valletta l-oħxon”. Kurt Sansone
12:55 Theuma says that the day after the murder, he told Yorgen Fenech that he was worried about the FBI’s involvement and he replied that “I shouldn't be worried”. “Mhux bħall-pulizija ta’ Malta ħa jaħdmu?” Theuma tells the court of what Yorgen replied. Kurt Sansone
12:53 Asked whether he had ever taken any property instead of money, Theuma says he had bought two flats from Ninu ta’ Tumas through Mario, but that had been against a loan. Kurt Sansone
12:53 Theuma claims he didn't know that phone calls from prison are recorded. Kurt Sansone
12:51 Theuma says that Yorgen mentioned ‘Valletta l-oħxon’, with reference to former police deputy chief Silvio Valletta. “This is the first time I am mentioning him here but I had mentioned him in the other proceedings,” Theuma says. Kurt Sansone
12:49 Theuma denies getting any legal advice before he started recording Fenech's conversations. Kurt Sansone
12:48 Legal aid lawyer Marc Sant asks about tal-Maksar – the Agius brothers from Żebbuġ, which were implicated in previous testimony as the bomb creators. “I don't know them at all. I don't know them, don't know their faces, nothing,” Theuma replies. Kurt Sansone
12:47 Theuma says that he had to go back and forth asking Yorgen Fenech for money, and acting as a messenger between Mario Degiorgio and Fenech. Kurt Sansone
12:46 However, Theuma says Fenech gave him a Rolex watch for his son and he also tried to get him to trade gold bought from abroad. Regarding the gold, Theuma says he gave him everything back and said he did not want to do it. Kurt Sansone
12:46 Defence lawyer Wiliam Cuschieri suggests that Theuma was given €2 million by Fenech. Theuma invites him to make searches, insisting this is not true. Kurt Sansone
12:45 Theuma tells the court that Yorgen Fenech had access to the corridors of power, which is why he went to him. Kurt Sansone
12:44 Reference is made to a previous statement by Theuma that Mario Degiorgio had once sent him to speak to Judge Antonio Mizzi, in the context of pressure surrounding bail ofr the accused. Kurt Sansone
12:44 The sitting resumes. Kurt Sansone
12:31 QUICK REMINDER: We are in court for the compilation of evidence against George Degiorgio, Alfred Degiorgio and Vince Muscat. Pardoned middleman Melvin Theuma is being cross-examined. Kurt Sansone
12:26 Deputy Attorney General Philip Galea Farrugia is also consulted. Kurt Sansone
12:25 Lawyer Marc Sant asks that his next question be heard behind closed doors. He is advised to approach the bench and explain his reasons. Lawyer Jason Azzopardi (for the Caruana Galizia family), Inspectors Arnaud and Zahra (for the prosecution) and Sant approach the magistrate's bench and discuss the matter in hushed tones. Kurt Sansone
12:23 Theuma is answering questions put to him by legal aid lawyer Marc Sant, who is representing Vince Muscat. Kurt Sansone
12:22 He says that at this point, Fenech did not tell him where he got the information from. Kurt Sansone
12:22 Melvin Theuma says that he told Alfred Degiorgio about the planned raid on 5 December 2017. Kurt Sansone
12:21 The court sitting resumes. Kurt Sansone
11:57 The court is taking a short break. Kurt Sansone
11:56 However, the idea was shot down, Theuma adds. Kurt Sansone
11:56 Theuma says that he had told Yorgen Fenech to go to the prime minister for bail as he was the top dog. “The idea had just occurred to me out of the blue,” claims Theuma. Kurt Sansone
11:55 Theuma: “One time, Yorgen told me he didn't have the power... The constant toing and froing was taking its toll on me. It's a life of tears, of panic, and fear. I didn't want to wake up. It was hell,” Theuma says. Kurt Sansone
11:53 He is being asked about the pressure he made on Yorgen Fenech about bail. “Yorgen knew the big people, I thought he could do something.” Kurt Sansone
11:51 Theuma cannot recall when Yorgen Fenech told him that he was being tapped. “The last time was in 2019 for sure because I had spoken to someone about the betrayal by Yorgen and he had told me you don't know how to shut up do you?” Kurt Sansone
11:50 Theuma says that as far as he was aware he only recorded Yorgen Fenech and never recorded Kenneth Camilleri or Johann Cremona. Kurt Sansone
11:49 “I didn't have direct contact with Schembri,” Theuma says. He smiles when it is pointed out that he met Schembri at Castille and had coffee there. “Am I some minister?” he asks, when pressed whether he had ever asked or had Keith Schembri’s number. Kurt Sansone
11:47 He is pressed about his contact with Keith Schembri. Kurt Sansone
11:47 “Keith had sent Kenneth to help Fenech since Keith would go through fire for Fenech,” Theuma tells the court what Fenech had told him. Kurt Sansone
11:46 Theuma stresses that Fenech had insisted that he would not take on the responsibility for the bail promise and the money. Kurt Sansone
11:46 “We were talking about when you threatened Fenech with taking Mario Degiorgio outside Schembri's house,” Cuschieri says, asking about Fenech's reaction. Kurt Sansone
11:45 Yorgen Fenech had refused to take responsibility for the €1 million payment and bail, says Theuma, but in so doing revealed that Kenneth Camilleri, and therefore Keith Schembri, knew of Theuma's involvement. Kurt Sansone
11:40 The court deals with a problem in the transcript of Theuma's testimony. The problem is a date, which may be 2019 instead of 2018. The court is allowing a correction of the transcript. Kurt Sansone
11:39 The Degiorgio brothers get up and speak to their lawyer. Kurt Sansone
11:39 “So you were not telling the truth to Fenech?” Cuschieri asks. “You can say that,” Theuma replies. Kurt Sansone
11:38 Theuma says that he pressed Fenech about their bail asking him to speak to Keith Schembri. He then threatened Fenech with taking Mario Degiorgio outside Schembri's house in Mellieħa. Theuma explains that this was his personal initiative. Kurt Sansone
11:37 “But you could have always contacted him through Johann Cremona since you knew each other, no?” Cuschieri asks. Kurt Sansone
11:37 Theuma says that he met Kenneth Camilleri twice but did not speak about the case. Kurt Sansone
11:36 Cuschieri points out that there was no decree for bail in 2018. Kurt Sansone
11:35 Theuma says he did not ask any questions on who sent Camilleri. He says this was in 2018. Kurt Sansone
11:34 He is asked about the €1 million promised to each of the accused. Kurt Sansone
11:34 A brief argument ensues after lawyer William Cuschieri asks where the self-confessed middleman lives and refused to disclose this in court. Kurt Sansone
11:33 Theuma is asked about Johann Cremona and Kenneth Camilleri. Kurt Sansone
11:29 “I got it in my head that Kenneth was sent by Keith Schembri because he worked at Castille,” Theuma tells the court. Kurt Sansone
11:26 The questions turn to the topic of Kenneth Camilleri. In previous testimony, Theuma said he had been approached by Camilleri, who worked at Castille, with a promise of bail for the three accused and €1 million each. Kurt Sansone
11:24 Theuma continues: “On the Monday before my arrest, Fenech gave me €20,000 to pay a number of bills, leaving him with €6,000 in his pocket.” Kurt Sansone
11:23 “Yorgen Fenech had drawn me so close to him that I couldn't see. I only got to know later about the mistake I had made,” Theuma says. Kurt Sansone
11:23 Theuma says he had an argument with Yorgen Fenech about the fact that the police were receiving information from Vince Muscat. “I had always been a friend, you should never have made me do this,” Theuma tells the court what he had told Fenech. Kurt Sansone
11:19 The court hears that when Yorgen Fenech found out that Vince Muscat was speaking to investigators, he told Theuma to go meet Mario Degiorgio and bring him four pizzas. Kurt Sansone
11:19 He is asked why he was asked to buy four pizzas and pay by card. "I don't know. So much so that I paid in cash,” he replies. Kurt Sansone
11:17 Theuma says that Muscat's wife had asked about where the money was coming from. He says that he could not recall if it was il-Lolly or Mario Degiorgio who informed him about Muscat's wife asking about the source of the money. “I don’t know if any of these had told Vince Muscat's wife about my involvement.” Kurt Sansone
11:16 Cuschieri interjects: “But hadn't he told you to dump them at this stage?” Kurt Sansone
11:15 Theuma says he informed Yorgen Fenech about the request. "I was expecting that," he recalled Fenech telling him. Kurt Sansone
11:14 The court hears how Fenech sent Theuma on a 10-day holiday to London in January 2018. Whilst abroad he was still paying people money. “The month after that I was introduced to Mario Degiorgio, who asked for €30,000 to fund the men's defence.” Kurt Sansone
11:13 Until then, the money was passed through a certain Lolly. Kurt Sansone
11:12 Theuma says checks can be made with the recorded prison phone calls, showing how he spoke to the Degiorgios through a phone call made by Mario Degiorgio. Kurt Sansone
11:11 Theuma says he spoke to the Degiorgio brothers when he was directed to contact them by a prison inmate nicknamed il-Gandhi, through a call made to Mario Degiorgio. Kurt Sansone
11:09 Cuschieri is now examining call recordings from prison. Kurt Sansone
11:09 Theuma mentions that he knew Lolly, who knew one of Muscat's children but could not elaborate. “It was only when I got to know Mario Degiorgio at the start of the year that I was able to send the money with him.” Kurt Sansone
11:08 Theuma is asked about how he would give the accused money after they were arrested. Kurt Sansone
11:07 In previous testimony, Theuma said that the three men were tipped off about the raid after Yorgen Fenech was given the information by former chief of staff Keith Schembri. Kurt Sansone
11:06 The reference is to the police and army raid on the potato shed in Marsa on the day that the three men were arrested. Kurt Sansone
11:05 Theuma is asked whether he heard that on 4 December, 2017 the accused knew about the police raid in advance. “I don't know, I had told them that it was happening on the 5th,” he says. Kurt Sansone
11:02 Theuma confirms again that he had tipped off the Degiorgios and Muscat about their imminent arrests. He was given this information directly from Fenech who said he got it from Keith Schembri. Kurt Sansone
11:01 Cuschieri notes that Theuma's lawyer Matthew Brincat is mumbling something and asks whether the witness or his lawyer was going to speak. Kurt Sansone
11:01 Theuma says that he did not know why the question was asked. Kurt Sansone
11:00 Lawyer William Cuschieri asks him about when Fenech asked him who he had contracted, whether it was George Degiorgio or George ix-Xadin. The lawyer asks Theuma if Fenech had left it in his hands to contract someone. Kurt Sansone
10:57 Theuma says he paid €5,000 for the binoculars and the car, another and another €5,000 for a court application. “I never collected these monies. Fenech would always ignore my requests for money after the murder took place,” he says. Kurt Sansone
10:52 “You know what he told me? You should be more scared of the people inside [George and Alfred] because they have the information on you,” Theuma says. Kurt Sansone
10:52 “I sent Mario Degiorgio a message to give to George, saying that I could be killed like Daphne Caruana Galizia.” Kurt Sansone
10:50 He is asked about the dog. “The Degiorgios knew me, I had to do everything they asked.” Kurt Sansone
10:49 Theuma says he had been threatened by Mario Degiorgio over the money owed to him by Fenech. Kurt Sansone
10:49 Theuma insists that he was out of pocket all the time, going on to buy a dog worth €5,000 for Mario Degiorgio – the brother of George and Alfred Degiorgio. “So, you can see how much I suffered these past two years.” Kurt Sansone
10:46 Theuma is asked if he was in a position to exclude the involvement of third parties. “From my side, the mastermind is Yorgen Fenech of Tumas because he gave me €150,000.” Kurt Sansone
10:45 Deputy Attorney General Philip Galea Farrugia intervenes, saying that the cross-examination had to be on what was revealed during the examination. Kurt Sansone
10:44 "What letter?" replies a puzzled sounding Theuma. Kurt Sansone
10:44 The lawyer explains that Vince Muscat sent a letter to the President of the Republic, where he asked for a pardon since he was the one who led the police to Theuma. Kurt Sansone
10:42 Theuma insists, time and again, that he had never spoken to Vince Muscat about the murder. Kurt Sansone
10:41 Theuma says: "That’s why I felt betrayed because I told Yorgen Fenech that Vince didn't know about me. I started to think that he'd get me thrown in prison. From that time on I started to suspect and fear Fenech and Fenech alone.” Kurt Sansone
10:40 Theuma says that Yorgen Fenech had told him that Vince Muscat was squealing on the gang. He says that when he had contemplated suicide he imagined Yorgen Fenech with his feet up, smoking a cigar because the Degiorgios didn't know about him. Kurt Sansone
10:37 “I don't know if Alfred Degiorgio had told Vince Muscat that it was me, I don't have a guarantee.” Kurt Sansone
10:34 The lawyer asks: “So, Vince Muscat had no idea about your involvement?” Kurt Sansone
10:34 At this stage, Theuma says he spoke to George Degiorgio. “No words were said in the presence of Vince Muscat,” he adds. Kurt Sansone
10:33 Theuma says that Yorgen Fenech had started pushing him on the execution of the murder from when he gave him the €150,000 in cash. Kurt Sansone
10:32 Theuma says that when he next met Fenech to give him the €300,000 he won from betting on the election, the businessman did not even ask him to keep €30,000 as a deposit or the €150,000 for the murder. Kurt Sansone
10:31 Cuschieri asks about the phone call from Fenech after the election. Theuma says that he felt Fenech was drunk. Kurt Sansone
10:31 Theuma says he never mentioned the €1,500 to Yorgen Fenech. “Yorgen found out about this from my evidence,” he says. “Fenech had only known about the €300 weekly stipend he was paying them.” Kurt Sansone
10:28 The Degiorgio brothers speak to each other as the witness says how he had lied to them about the mastermind giving them money although the plans were off and paid €1,500 from his pocket to save face. Kurt Sansone
10:22 Theuma says that he was still waiting for instructions but still spoke to Alfred Degiorgio. “I told Yorgen that I didn't need to go as I hadn't given him the go-ahead, but I'd go anyway.” Kurt Sansone
10:21 Lawyer William Cuschieri refers Theuma to when the 2017 election was called and Yorgen Fenech had directed him to stop the murder plans. Kurt Sansone
10:20 Theuma says that when they stopped his pay, he was spoken to by a certain Tony Muscat, who told him that he had to start showing up for work or the money would stop. “I had spoken to Yorgen about it.” Kurt Sansone
10:19 Pressed on whether he thought it was strange that he was being given special treatment, Theuma replies: “Thank heavens I 'm going to get an extra bit of money. He says that he didn't know why he was being given a government job without actually needing to turn up. They stopped me after four months. Yorgen told me ‘mhux aħjar paga żejda? Good luck’.” Kurt Sansone
10:17 “You don't seem to ask many questions,” observes the lawyer. Kurt Sansone
10:17 “No. I don't ask,” Theuma replies. Kurt Sansone
10:16 He is asked about his appointment with Keith Schembri at Castille. “Had you ever asked why?” Kurt Sansone
10:16 Theuma continues: “I hear from people that he's [Alfred Degiorgio] an honourable man (li hu raġel). Yorgen Fenech had told me to ‘throw these men away’ (armihom ’l hemm ) and I had said never would I do such a thing.” Kurt Sansone
10:14 Theuma replies: “No, I told him I was sent by a person.” Kurt Sansone
10:13 The lawyer says that to Alfred Degiorgio, Theuma is the mastermind of the murder – il-mandant. Kurt Sansone
10:12 “Never. If I'm dealing with him, why should he ask about other people?” Kurt Sansone
10:11 The lawyer asks whether Alfred Degiorgio had ever asked him [Theuma] who sent him? Kurt Sansone
10:10 “I swear that I never told them who sent me. I swear, even though I'm under oath already,” Theuma says. Kurt Sansone
10:09 Cuschieri asks how did he know this. “I am only speaking about what I had told them. I don't know what they knew from elsewhere,” Theuma says. Kurt Sansone
10:08 "At the end of the day, I never told Alfred Degiorgio or anyone else that I was sent by Yorgen Fenech. They found that out from the news,” Theuma says. Kurt Sansone
10:07 Theuma called Degiorgio through a normal phone call, not WhatsApp or Signal. But he cannot recall the number. He says that he would change them often because of the illegal lotto he ran through that phone. Kurt Sansone
10:06 Theuma says that he got Alfred Degiorgio's number from Darren it-Topo. He went directly for Alfred Degiorgio's number not iċ-Ċiniż's. Kurt Sansone
10:05 Theuma is asked whether he had ever asked Yorgen Fenech why he wanted George iċ-Ċiniż? “No, I never asked him.” Kurt Sansone
10:02 The lawyer and the witness are constantly talking over each other. The witness is hostile. Kurt Sansone
10:01 Theuma: “Because I felt more comfortable with him.” Theuma denies having any previous illegal history with the hitman. Kurt Sansone
10:01 The lawyer asks why he opted to speak to Alfred Degiorgio when Yorgen Fenech has asked him to contact George iċ-Ċiniż. Kurt Sansone
10:00 Theuma continues: “First Yorgen Fenech gave me a taxi slot at Portomaso, which is very hard to do, then he took me abroad... that's how he pulled me in.” Kurt Sansone
09:59 Melvin Theuma starts to answer: “He took me abroad 5 times...”. He is interrupted by the lawyer: “So you're bought by five trips abroad... this witness is not credible.” Kurt Sansone
09:58 Lawyer William Cuschieri asks whether he had asked for more information about the hit. “Is it a daily occurrence?” Kurt Sansone
09:55 Theuma denies being a loan shark. Kurt Sansone
09:55 “As long as I can remember,” he replies. It is suggested that his principal activity was illegal betting. “How can I say it’s my principal activity... some weeks you get 3k others you get 10k.” Kurt Sansone
09:54 Theuma is asked about his illegal betting operation. “How long had he been doing this?” Kurt Sansone
09:49 The potato shed is the place where George Degiorgio, Alfred Degiorgio and Vince Muscat were arrested in December 2017. It is a dockside shed, which served as a headquarters of sorts for the three men. Kurt Sansone
09:48 Theuma is confronted with his previous testimony and asked whether he had gone to the potato shed in Marsa before. “I don't think so,” he says. Kurt Sansone
09:47 He is asked how well he knows Alfred Degiorgio. Theuma replies: “Degiorgio was in prison and was given permission to clean a garden. I'd go and smoke a cigarette with him.” Kurt Sansone
09:47 Theuma says that he had spoken to Vince Muscat at times and George Degiorgio he had never spoken to. Kurt Sansone
09:46 Theuma: “About 10 years ago I had rented a flat to Darren Debono and George Degiorgio. I knew their faces but I didn't know who they were at the time.” Kurt Sansone
09:45 Theuma is asked how he knows the accused. Kurt Sansone
09:45 Melvin Theuma takes the stand for his cross-examination by lawyer William Cuschieri, who is defence lawyer. Kurt Sansone
09:44 Courtroom players in place: Lawyers Jason Azzopardi, William Cuschieri, Marc Sant. The Degiorgio brothers and Vincent Muscat. Prosecutors, lawyer Philip Galea Farrugia, inspectors Keith Arnaud and Kurt Zahra enter. Kurt Sansone
09:43 We are in court for the compilation of evidence against the Degiorgio brothers and Vince Muscat. Kurt Sansone
09:43 Good morning. Kurt Sansone

The compilation of evidence against them was re-opened when Theuma received the pardon.