Yorgen Fenech defence want new recordings played in open court but prosecution objects because of pending investigations

Defence in Yorgen Fenech compilation of evidence want new recordings played in open court but prosecution objects because it is still to investigate people mentioned in the tapes • Melvin Theuma pardon exhibited in court

22 July 2020, 9:36am
by Matthew Agius

3 min read

Yorgen Fenech

Yorgen Fenech's defence team wants new recordings indicated by it to be played in open court but the prosecution is objecting because people named in the conversations are still to be investigated.

The recordings were to be heard in court during the cross-examination of former police commissioner Lawrence Cutajar. But legal wrangling over the recordings took up a substantial part of today's sitting.

Fenech is charged with masterminding the assassination of Daphne Caruana Galizia.

For a long stretch, the prosecution and defence listened to some of the recordings behind closed doors to identify the clips that were to be used. Magistrate Rachel Montebello eventually ruled that one of the recordings could be played but she acceded to the prosecution's request for this to be heard behind closed doors.

The content of these new recordings is unknown but Inspector Keith Arnaud told the court that “there are three persons who would be in a very bad position if their names are published in the media without even having been investigated”.

The magistrate ordered the recording to be heard behind closed doors given that its contents hadn't been investigated yet and that third parties and circumstances of their private life will be exposed.

Defence lawyer Charles Mercieca complained that his client deserved to have a public hearing.

Parte civile lawyer Jason Azzopardi, representing the Caruana Galizia family, cryptically said: "I am not going to assume responsibility for bloodshed of a person mentioned in this recording in a particular context. I am not saying it shouldn't be played, but there is a context and a context."

Earlier, the former police commissioner took the witness stand and was asked by Fenech's defence lawyers whether he informed Melvin Theuma of the possibility of a pardon long before the murder middleman was arrested in November last year.

Cutajar denied having ever discussed the "pardon, money or raids" with Edgar Brincat known as il-Ġojja, a close friend of Theuma. Cutajar said Brincat had gone to see him at his home over a pending fine and took the opportunity of asking him about the existence of recordings in Theuma's possession.

This incident happened in May 2019 when the police got wind of possible recordings but had no indication of where these were being kept.

The defence has insisted that recordings it wants played in court, show that Cutajar had tipped of Theuma about the pardon.

Today's sitting came hours after murder middleman Melvin Theuma was hospitalised with serious injuries from what police said were self-inflicted wounds.

Earlier, a court expert testified that recordings that the defence had wanted to play last week and which could not be found in court records, were never missing but had been saved in a different format. The recordings had to be extracted from the hard drive using a different software.

Previous sitting

In a previous sitting, the court heard that murder middleman Melvin Theuma denied paying the former police commissioner €30,000 to secure the presidential pardon.

Inspector Keith Arnaud, who was also testifying confirmed that during briefing sessions on the Caruana Galizia case with then prime minister Joseph Muscat at Castille, former chief of staff Keith Schembri used to be present.

The inspector also confirmed that when Theuma was arrested in November last year on the basis of a money-laundering operation, €600,000 in cash had been found in his possession, apart from a box containing the recordings.

Daphne Caruana Galizia, an investigative journalist, died in a car bomb explosion outside her home in Bidnija on 16 October 2017.

17:26 That's it for today. We are wrapping up our live blog. Thank you for following. Kurt Sansone

17:23 The next hearing will be held on 30 July. Kurt Sansone

17:19 The sitting will continue behind closed doors. Kurt Sansone

17:19 Parte civile lawyer Jason Azzopardi: “I am not going to assume responsibility for bloodshed of a person mentioned in this recording in a particular context. I am not saying it shouldn't be played, but there is a context and a context.” Kurt Sansone

17:16 The defence declares that it is unacceptable that these recordings have not yet been investigated, despite the reasons given by the prosecution. “The interest that the accused should get a public trial should prevail over other considerations,” Mercieca says. Kurt Sansone

17:14 The court dictates its note. Kurt Sansone

17:13 Yorgen Fenech hisses loudly and puts his head in his hands. Kurt Sansone

17:13 Arnaud: “When the media is involved things start to change.” Kurt Sansone

17:12 Lawyer Charles Mercieca says that Yorgen Fenech has a right to a public hearing. He argues that the point of departure is that the hard drives were exhibited by the prosecution and they had this evidence much before it was exhibited. He argues: “The fact that the investigation into these eight people is going to start today, does not make sense in my humble opinion. Melvin Theuma was given a pardon on the strength of these recordings, how are investigations still starting?” Kurt Sansone

17:10 Meanwhile, Lawrence Cutajar’s deposition is being suspended. Kurt Sansone

17:08 Noting that the content of the recording hasn't been investigated yet and that third parties and circumstances of their private life will be exposed, the court orders that the recording be heard behind closed doors. The court is not going to permit it to be heard in public, the magistrate says. Kurt Sansone

17:06 Arnaud: “There are three persons who would be in a very bad position if their names are published in the media without even having been investigated.” Kurt Sansone

17:04 Arnaud tells the magistrate that none of the people in the recording have been investigated. The prosecution would prefer it behind closed doors. Kurt Sansone

17:02 “It's like you're not liking it,” jibes Mercieca. “I like it, I like it. At the end of the day the truth is what I'm after,” replies Inspector Kurt Zahra. Kurt Sansone

16:59 Defence lawyer Charles Mercieca is giggling and gently ribbing the prosecution as they scramble to read through the transcript to find the names. Kurt Sansone

16:58 The defence and prosecution are not agreeing on some aspects of the recording since names are on it. The magistrate retires again to her chambers to let both sides come to an agreement. Kurt Sansone

16:55 The court says that it is going to hear recording Number 9. Kurt Sansone

16:54 The defence says it is willing to somehow obscure the names of people in these recordings. Kurt Sansone

16:53 Inspector Keith Arnaud says the recordings could put some people in uncomfortable or indeed dangerous situations. Kurt Sansone

16:50 We're back. The court is now in session. Kurt Sansone

15:45 We are still waiting for developments. Our court reporter tells us that recordings are still being played behind closed doors. Former police commissioner Lawrence Cutajar is expected to continue testifying. Kurt Sansone

14:21 The court orders the hall to be emptied. Kurt Sansone

14:20 The parties agree that the recordings be heard in private and then snippets of it or transcripts be heard in public. This is to protect the third parties mentioned in the recordings. Kurt Sansone

13:51 The sitting is suspended until the parties thrash out between themselves how to proceed. Kurt Sansone

13:50 “Third parties speak on the tape and are at risk,” says the inspector. Kurt Sansone

13:49 Cutajar is sent out of the courtroom while the court handles a question by Inspector Keith Arnaud about the tapes. People are mentioned who have no connection to the case, he says. Kurt Sansone

13:49 Mercieca wants the court to hear the recordings. Kurt Sansone

13:46 Mercieca says the prosecution had direct evidence that the former police commissioner had tipped off Theuma. Kurt Sansone

13:45 Cutajar shouts at the defence lawyer for "asking questions for the media". But the court reprimands him. Kurt Sansone

13:44 Cutajar says that if someone said that Theuma gave me money for a pardon he's either lying or bluffing. “Melvin Theuma had said that be bluffed about me under oath,” he says. Kurt Sansone

13:42 Cutajar: “I don't know anything.” Kurt Sansone

13:42 Mercieca asks about the pardon. “Did money change hands?” Kurt Sansone

13:41 Cutajar: “Nothing. ‘Niltaqgħu?’ things like that. Kurt Sansone

13:41 Mercieca: What did they say? Kurt Sansone

13:40 Cutajar: “Yes.” Kurt Sansone

13:40 Mercieca: “Do you have a copy of your messages with il-Ġojja?” Kurt Sansone

13:39 Cutajar: “Minimal.” Kurt Sansone

13:38 Mercieca: “After Melvin Theuma got the pardon and before your resignation what role did you have in the investigation?” Kurt Sansone

13:37 Cutajar says that he felt the police should not go for the recordings immediately or they would hit a wall. Kurt Sansone

13:35 Cutajar says that he asked Brincat “point blank” about the recordings. “Il-Ġojja said he didn't know anything but said he might try and find out. I didn’t feel the need to inform the investigation before the second meeting with il-Ġojja.” Kurt Sansone

13:32 Cutajar: “I later informed the team. I never spoke to il-Ġojja about pardons, money or raids.” Kurt Sansone

13:31 Cutajar says that with Brincat in front of him he wanted to take a chance and see whether he could get him to indicate the place where the tapes where. Kurt Sansone

13:30 Cutajar: “No.” Kurt Sansone

13:30 Mercieca: “Was it normal for Brincat to come to your house?” Kurt Sansone

13:28 Cutajar goes on to explain that had the police not found the tapes, Theuma would still be arraigned on money laundering charges. The decision was whether to go for the tapes and have no Plan B, or go for Melvin and hope for the tapes. I took the latter decision. Kurt Sansone

13:27 Cutajar: “From the 90s. I was an inspector in the 80s and 90s and he had a business in Wied il-Buni and I had carried out an inspection.” Kurt Sansone

13:26 Mercieca: “How many years had you known Brincat?” Kurt Sansone

13:25 Cutajar is asked about his meeting with Edgar Brincat, known as il-Ġojja [Edgar is also called by another name, Edwin]. Cutajar explains that Brincat had gone to his house with a traffic fine for using trial plates. He was angry as it wasn't him and he stood to lose his licence. Brincat was a friend of Theuma’s. Kurt Sansone

13:18 He is asked who told him about Melvin Theuma’s request for a pardon. “The investigators,” he replies but cannot recall whether it was inspectors Keith Arnaud or Kurt Zahra. Kurt Sansone

13:15 Cutajar: “Upon his arrest, Theuma had asked for certain lawyers. Simon Busuttil and Jason Azzopardi, Beppe Feneh Adami and Karol Aquilina. ‘I want a PN lawyer,’ Theuma had said.” Kurt Sansone

13:14 The court and the defence object to Cutajar’s lawyer, Ezekiel Psaila's, proximity to the witness. Kurt Sansone

13:13 Cutajar: “I was informed of Theuma’s arrest after he was arrested.” Kurt Sansone

13:12 Cutajar: “I did not conclude anything. I relied on their report. I've been saying this for ages now, the investigators heard the recordings... Theuma's credibility was verified with the recordings.” Kurt Sansone

13:09 Mercieca: “What led you to conclude from this 2-3 hours that Melvin Theuma’s information was truthful?” Kurt Sansone

13:09 He says that he was present when Theuma was spoken to informally, but not for the on the record meetings. Kurt Sansone

13:08 Cutajar is given a copy of the pardon and reads from it. The dates he mentioned as meeting Theuma are confirmed. He adds that he was never directly involved in the investigation of Melvin Theuma. Kurt Sansone

13:07 QUICK REMINDER: The period in question is November 2019 when Yorgen Fenech was arrested. On 19 November, then prime minister Joseph Muscat had told journalists that the middleman in the Caruana Galizia murder case had been offered a conditional pardon. Kurt Sansone

13:06 Cutajar says a draft pardon for Theuma was drawn up between 15 and 25 November by the AG. Kurt Sansone

13:00 Mercieca: “Was there a draft pardon before this?” Kurt Sansone

13:00 The former police chief says the report on the pardon was done “from A to Z” by the investigators. He says the report was completed a few days before 25 November. Kurt Sansone

12:58 Cutajar: “Yes. I'm sure.” Kurt Sansone

12:58 Mercieca: “Only? Are you sure?” Kurt Sansone

12:57 Asked who he had met with on the investigation, Cutajar says that many meetings were held at the Office of the Prime Minister. “Besides the AG and investigators, there was always the Prime Minister and Keith Schembri present.” Kurt Sansone

12:56 Cutajar says that before 14 November 2019, the idea of the pardon had not existed. It came into being with Melvin Theuma, he adds. Kurt Sansone

12:55 The magistrate is unhappy with the witness's demeanour. Kurt Sansone

12:54 Cutajar: “Apparently, Melvin Theuma wasn't trusting us. He thought we would talk to him off the record and use the information against him. A memorandum of understanding was signed by the Attorney General and the Prime Minister and handed to Theuma. When this was done they started hearing the recordings with Theuma.” Kurt Sansone

12:53 Cutajar says that when the tapes were received, they were opened in the presence of the inquiring magistrate in the money laundering inquiry. Kurt Sansone

12:53 The court reprimands the witness for smiling and talking to his lawyer. Kurt Sansone

12:52 Cutajar says that there were talks about pardons relating to other persons. “We started talking about the proklama when the recordings were in our hands.” Kurt Sansone

12:48 Mercieca: “Who else did you speak to before 15 November about the pardon?” Kurt Sansone

12:48 Cutajar: “I spoke to Keith Arnaud, Kurt Zahra, Peter Grech and Philip Galea Farrugia. There were many meetings, we spoke many times. The meetings were always with the investigators. There were two or three meetings about the proklama and the investigations which could lead to it.” Kurt Sansone

12:44 Mercieca: “Who did you speak to before the decision to give the pardon was taken? The investigator, the AG?” Kurt Sansone

12:43 The defence lawyer asks whether Cutajar read the news last Friday but the question is prohibited by the court. Kurt Sansone

12:42 Cutajar says he was at home and at the Inter Club. Kurt Sansone

12:40 Mercieca: “What were you doing the past four days?” Kurt Sansone

12:39 Cutajar: “No.” Kurt Sansone

12:39 Mercieca: “Did you speak to anyone else?” Kurt Sansone

12:39 Cutajar: “I did not speak to the people prohibited by the court.” Kurt Sansone

12:38 Mercieca: “Before today's sitting who did you speak to?” Kurt Sansone

12:38 Cutajar says that there was a request for Theuma not be prosecuted and that the money laundering charges do not cover his family. Kurt Sansone

12:36 Cutajar: “When he was arrested I spoke to Melvin Theuma off the record with his lawyers present. This was 14 November. I spoke to him off the record on the next day… I'm not certain about the date but what I'm certain of is that the investigators spoke to Theuma's lawyers on a Friday.” Kurt Sansone

12:34 Defence lawyer Charles Mercieca asks how the decision to pardon Theuma was reached. Kurt Sansone

12:32 Psaila interrupts the first question. He wants Cutajar to be exempted from any obligation of secrecy. The court obliges. Kurt Sansone

12:31 He confirms his signature on it. Kurt Sansone

12:30 Cutajar is shown a copy of the pardon given to Theuma. Kurt Sansone

12:30 The defence object to the presence of Cutajar’s lawyer Ezekiel Psaila next to the stand. The court says he should move away slightly. Kurt Sansone

12:29 Former police commissioner Lawrence Cutajar is called into the courtroom. He takes the stand. The court cautions him that he needs not answer potentially incriminating questions. Kurt Sansone

12:27 QUICK RECAP: The recordings in question form part of the cache of recordings that pardoned middleman Melvin Theuma had done. These particular recordings have not been heard yet in court. The defence claims that these recordings contradict Theuma’s previous court testimony. Kurt Sansone

12:25 The court, however, wants the recordings to be heard in their entirety. Kurt Sansone

12:23 Mercieca now asks to have Cutajar asked questions before the recordings. Kurt Sansone

12:21 The court authorises the hearing of these recordings in their entirety before Cutajar testifies. Kurt Sansone

12:20 “The whole recordings must be played,” the court says. The magistrate says that before the court hears Cutajar testify, it must hear the voice recordings. Kurt Sansone

12:19 He says the recordings are between 20 and 45 minutes long each. Kurt Sansone

12:16 Defence lawyer Gianluca Caruana Curran says it is important that everyone hears the tapes. “The pertinent parts of the tapes will be played to the witnesses,” he explains. Kurt Sansone

12:11 The defence want to confront the witnesses - Inspector Keith Arnaud and former police chief Lawrence Cutajar – with the new recordings. Kurt Sansone

12:08 The court will give a decree in camera on the defence’s request. Kurt Sansone

12:08 Mercieca quotes EU case law. “Why do we need the phone now? This is evidence which regulates how advice is given, how the defence is to prepare itself.” Kurt Sansone

12:00 Arnaud: “We are basing our objections not on UK jurisprudence, which also allows disclosure for the prosecution, but on EU jurisprudence. The evidence is preserved and will be given to the defence before the case is decided, giving it adequate time and facilities to prepare the defence.” Kurt Sansone

11:59 Lawyer Jason Azzopardi says the parte civile was not even given a copy of the victim's phone from the inquiry. Kurt Sansone

11:58 Galea Farrugia insists that disclosure is subject to legal limits. Kurt Sansone

11:56 Deputy Attorney General Philip Galea Farrugia objects to the request. Kurt Sansone

11:56 The defence request the court to order the police to give them a copy of the data extracted from Fenech's phone by Europol. Jurisprudence from the UK says that the accused has the right to request exculpatory evidence from the police. The onus is on the prosecution to disclose this information as it is only they who have it, the defence argues. Kurt Sansone

11:51 Arnaud apologises for not having the required documents at hand but says that last night was a very busy one. Kurt Sansone

11:50 Mercieca tries to ask about the investigation into the former police commissioner Lawrence Cutajar but is prevented from doing so by the court. Kurt Sansone

11:50 Arnaud: “I need the authorisation of the court to do so and I don't know when the investigations are going to be finished.” Kurt Sansone

11:49 Mercieca: “When are you planning on giving the defence a copy of the phone?” Kurt Sansone

11:49 Arnaud: “The information is in the expert’s hands, I just have a copy... The data is also vast and should not end up in the wrong hands.” Kurt Sansone

11:48 Mercieca: “What are you waiting for to disclose the info to Yorgen Fenech?” Kurt Sansone

11:46 Arnaud says he doesn't have information at hand on the identity of who had passed on the data to Europol. He reiterates he is not part of the magisterial inquiry and not a court-appointed expert. Kurt Sansone

11:45 Arnaud: “The data is in the possession of the task force. Members of the task force can analyse and tag the information. If there is something meriting investigation it will be processed and passed on to the person analysing that information. Information can be shared with other police units according to the case.” Kurt Sansone

11:39 Defence lawyer Charles Mercieca asks where the extracted information is physically kept. “It’s on a hard drive in a secure location,” Arnaud replies. Kurt Sansone

11:38 Arnaud says he has no direct contact with Europol experts. The only contact that occurred was solely to collect information from the device. “There are other Europol teams supporting the police,” he says. Kurt Sansone

11:36 Arnaud: “The mobile phone is in the possession of Europol experts in The Hague. The phone could not be physically exhibited in the acts of the inquiry because extraction had to be done on it.” Kurt Sansone

11:35 Arnaud says the mobile phone was photographed on site by the forensic officers and passed on to Europol. When asked who the Europol experts are, Arnaud says he cannot recall the names but points out that they are available in the magisterial inquiry. Kurt Sansone

11:33 Arnaud says that it is in the possession of Europol experts. Kurt Sansone

11:33 Defence lawyer Charles Mercieca asks him where Yorgen Fenech's phone is. Kurt Sansone

11:30 Inspector Arnaud takes the stand. He is shown a copy of the pardon given to Theuma. He confirms it is a true copy of the original. Kurt Sansone

11:29 The court is back in session. The magistrate authorises the use of FTK software to access the recordings. Kurt Sansone

11:07 QUICK RECAP: Today’s court sitting comes hours after pardoned middleman Melvin Theuma was found with serious stab wounds at his home in what police have described as an attempted suicide. Theuma was operated in hospital and according to what Police Commissioner Angelo Gafà told a crime conference this morning, he is in a stable condition. Theuma had to testify in today’s sitting on recordings that the defence wanted to be played. Kurt Sansone

10:55 The magistrate retires to her chambers pending a check on whether the tapes can be heard. Kurt Sansone

10:53 Inspector Keith Arnaud enters the courtroom. He had been present for the crime conference delivered this morning over the Theuma attempted suicide case. Kurt Sansone

10:52 The court warns the parties and lawyers that contempt of court carries with it a significant punishment. Kurt Sansone

10:52 The Attorney General lawyers point out to the court that Caruana Curran had passed a comment in their regard on the lines: “Did the AG order a go slow on these things too?” Kurt Sansone

10:43 Gianluca Caruana Curran says that he is worried for his own safety as he had copies of the tapes. The court points out that they are also in its possession. Kurt Sansone

10:42 The defence wanted to hear the tapes today. Kurt Sansone

10:41 Cardona says he had listened to a few seconds of each recording to make sure they worked. He confirms that he had been directed as to what folders to copy. Kurt Sansone

10:38 The defence suggests that Cardona had checked the folders with Arnaud. Kurt Sansone

10:37 Cardona says he spoke to Arnaud once, to check if everything had arrived. Kurt Sansone

10:37 Lawyer Charles Mercieca asks him how often he had spoken to Inspector Keith Arnaud. Kurt Sansone

10:36 Cardona: “On an academic level I know that there are a lot of files but I wasn’t asked to open them. The court gave me a list of the folders to copy. If there were 50 folders and I was told to copy six, I would copy those six. I cannot exclude that there might have been other folders with recordings.” Kurt Sansone

10:34 Cardona says he did not open or access the copies he made, not even to check their functionality. “I wasn't asked to,” he adds. Kurt Sansone

10:34 Answering another question, the witness says there are ‘.txt’ files also in the folder containing instructions. These could be edited, he says. Kurt Sansone

10:32 The witness confirms it is not included. Kurt Sansone

10:32 The defence cross-examines. Lawyer Charles Merceica for Yorgen Fenech asks whether FTK is included in the hard drive. Kurt Sansone

10:31 Cardona explains what could have happened. “It is possible that this happened when the parties accessed the files, and this would create temporary files.” Kurt Sansone

10:27 Cardona: “I had to use other software, FTK imager, to access the other files.” Kurt Sansone

10:27 Those files ending in ‘.e01’ can be opened with a certain programme, he says, while the other files used a different programme. Kurt Sansone

10:25 He explains to the court that two types of software were needed to access the recordings. Kurt Sansone

10:25 Cardona: “Yesterday I found out that there were other types of files. The media said that there was missing evidence in the recordings. This is not true. A different programme created files with the extension ‘.e01’” Kurt Sansone

10:22 The witness says he had been asked to copy certain folders. Kurt Sansone

10:22 Cardona is asked whether he extracted all the data. Kurt Sansone

10:21 Court expert Alvin Cardona takes the stand. He extracted the recordings from the hard drive and explains how it was done. Kurt Sansone

10:20 Zahra says that Inspector Keith Arnaud had the best answer to this question. Kurt Sansone

10:19 The police have apparently blacked out from the document, crimes for which he is pardoned for but which have no bearing on the case. Inspector Kurt zahra is asked who redacted the unconnected crimes. Kurt Sansone

10:18 The presidential pardon for Melvin Theuma is exhibited in court. The prosecution had objected to this but the court rules last week that the pardon had to be exhibited in the acts of the case. Kurt Sansone

10:11 The court rules that lawyers for witnesses have no locus standi in proceedings. Kurt Sansone

10:11 The courtroom erupts into chaos as defence lawyers insist Grima has no locus standi in the case. Grima shouts: “This is so we don't only hear one version in this trial by the media.” Kurt Sansone

10:09 Lawyer Kathleen Grima appearing for Melvin Theuma asks for the opportunity to rebut assertions made about her client by the defence. Kurt Sansone

10:07 The parte civile, Azzopardi says, has contacted Europol itself and it can testify to the veracity of the prosecution's version. The prosecution has also summoned Superintendent Galea Scannura to testify on the matter. Kurt Sansone

10:05 Parte civile lawyer Jason Azzopardi says it is a lie that someone suggests that there were some files which were deleted or hidden, so much so that the defence had the possibility of accessing the files and ask questions about them. Kurt Sansone

10:04 Inspector Kurt Zahra says it is impossible to have hidden the recordings as they were extracted by Europol. Zahra says that a police inspector is going to explain what happened and later Europol will also testify on the matter. Kurt Sansone

10:03 The defence says a full and transparent inquiry is needed on the Melvin Theuma stabbing. The court says it has no power to order this but it is pointed out that a magisterial inquiry is already underway. Kurt Sansone

10:02 The lawyers squabble after the defence suggests that the tapes were “hidden”. Kurt Sansone

10:01 The court is told that Theuma is still in a critical condition. Kurt Sansone

10:00 QUICK REMINDER: In the last sitting last week, Fenech’s defence team wanted to play recordings made by Theuma, which it says contradicted claims the witness had made in court. However, controversy erupted when the indicated recordings could not be found in the court records and they had not been played before. The prosecution had objected to cross-examination on the indicated recordings because Theuma had not testified about them. The magistrate ruled that the recordings could be played but the sitting had to be adjourned until the recordings were re-extracted. Today, Theuma was expected to testify on these recordings. Kurt Sansone

09:55 The defence expresses concern, saying that the witness Melvin Theuma, was panicked last time. Now, he is in hospital fighting for his life when he had to testify today about the tapes mentioned last week. Caruana Curran reminds the court that Theuma was under police protection. Kurt Sansone

09:52 The suggestion is that this happened at the same time that recordings were corrupted. Kurt Sansone

09:50 Caruana Curran says that Inspector Keith Arnaud had met a court expert without permission and without the presence of the defence on 30 January. This emerged from the testimony of Alvin Cardona. Kurt Sansone

09:49 Fenech’s lawyer, Gianluca Caruana Curran asks to dictate a note. Kurt Sansone

09:47 Magistrate Rachel Montebello enters the courtroom. Kurt Sansone

09:46 The small courtroom is packed with reporters and family members. Yorgen Fenech’s brother, Franco, and their mother are also in the courtroom. Kurt Sansone

09:43 A police crime conference is currently underway in which details are being given on the Theuma case. Kurt Sansone

09:41 Theuma was expected to continue testifying under cross-examination today. Kurt Sansone

09:41 The sitting comes hours after middleman Melvin Theuma was found at his home with serious knife wounds in what police described as self-inflicted. Kurt Sansone

09:40 We are in court for waiting for the sitting to start. Kurt Sansone

09:38 Good morning. Kurt Sansone

Matthew Agius is Senior Reporter on Law and Court Affairs at MaltaToday. He is also a Leg...