Magistrate complains of ‘wasted sitting’ as Fenech defence requests constitutional reference

13:45 "A wasted sitting," remarks the magistrate about today's hearing. Paul Cocks

13:43 The case is to continue on Tuesday 17 November as it is too late to have witnesses testify today. Paul Cocks

13:42 In reply, the AG says it is not up to the AG to decide when witnesses testify. The police have their own plan as to when witnesses are to testify. The AG then requests time to consider the request and is given till Tuesday 17 Nov to answer. Paul Cocks

13:41 The court said it saw nothing. Mercieca completes his submissions, asking that the AG consider the evidence mentioned by the accused in a written submission be brought before the court in a coming sitting. Paul Cocks

13:33 Mercieca begins his submissions but stops, claiming to have been distracted by Jason Azzopardi. Azzopardi who was sitting with his head in his hands appears annoyed by this. Paul Cocks

13:32 Galea Farrugia says that he is interested in all the evidence being collected. But as he is speaking he is interrupted by Mercieca. The Magistrate tells Merceica off again for interrupting the other side, telling him to show basic respect to the court. Paul Cocks

13:23 Mercieca says that one of the reasons for the ‘note of renvoi’ was to prevent destruction of evidence. Philip Galea Farrugia describes the request as manifestly frivolous and vexatious and says it is up to the defence to show how the decree is breaching the accused's rights. Paul Cocks

13:21 The written submissions must be completed by Tuesday 17 November. Paul Cocks

13:20 Mercieca frowns and asks why the parte civile should be copied in. He starts to argue but the magistrate, who seems to have had her fill of lawyerly contrarianism today, snaps 'That's what the court has ordered'. Paul Cocks

13:18 The Court is now dictating a note. The defence is given till Friday to present its note, which must be formally notified to the Commsisioner of Police, the AG and Jason Azzopardi. Paul Cocks

13:12 Sources say this tactic is aimed at precluding Europol from testifying. Paul Cocks

13:11 "So you're saying this court is harming your client's fundamental human rights," says the Court. The court says it had already ordered the defence to make its submissions in writing. “So why are you minuting them in the acts?” it asks. Unhappy with the defence's attitude, the court refuses to allow it to dictate the application, as Mercieca is insisting on making oral arguments. Paul Cocks

13:08 Mercieca asks the court permission to refer the issue to the First Hall of the Civil Court in its Constitutional Jurisdiction and then suspend these proceedings until the First Hall Civil Court (Constitutional Jurisdiction)'s decision on the fair hearing and equality of arms complaint. Paul Cocks

13:06 The procedure to be followed by the accused is different to that followed by the AG. It makes no sense to see the time in which the applications were presented. The couurt says it cannot censure a maneuvre by the AG aimed at speeding up the case and denies the request by the defence. Paul Cocks

13:04 The court reads out its decree: it says that it cannot base its decree on the time when the acts are presented ... over and above the fact that this is not indicated ... the court says it does not agree that it should see who presented its request first to determine who should testify first. Paul Cocks

12:57 Merieca takes offence as someone from the prosecution exclaims “Illallu" as he rejoinders, despite having said long ago that this would be the last submission. "I hope the court heard wrongly," remarks the magistrate, with respect to the exclamation. Jason Azzopardi is seen laughing silently with his head in his hands. Paul Cocks

12:54 Mercieca argues that once the Criminal Court had taken cognisance of the application, it made no difference who the judge was. Paul Cocks

12:54 Mercieca explains that he received the email contiaining the judge's decree on 3 November at around 12:40pm. Galea Farrugia says he appreciatess the lawyer's candour. At 12.40pm, he says, there was the abstention, and at 1pm it was already in the hall. It was impossible that he tampered with it in the 20 minutes between the two, he says. Paul Cocks

12:51 The witness is dismissed. Paul Cocks

12:50 Mercieca asks the court registrar whose signature is on the document but the witness doesn't recognise the signature. She says that that the practise is for the time and date of receipt at the Magistrates chambers to be recorded. Paul Cocks

12:46 Charles Mercieca is seen smiling when the witness say that the Acts were presented on 3 November but, by accident, had been dated as having been presented on 2 November. The acts – two boxes with 10 volumes – were distributed to the magistrate's chambers on the 3rd at 1pm. Paul Cocks

12:44 A court registrar takes the stand and is asked about the application filed on 3 November. The witness says that there was no time registered as to the applicaiton's presentation in court. Neither was the time when it was registered recorded in this case. Paul Cocks

12:05 Galea Farrugia says that the AG had presented the renvoi on 3 November at 3pm. He insists that therefore the AG did not know about the abstention of Scerri Herrera. “These are very serious accusations. It’s about time he begins to weigh his words,” Galea Farugia says of the opposing counsel.

Mercieca repeats that Fenech must be given a fair trial and asks the registrar of the courts to be summoned “to have everything in black and white”. The magistrate suspends the sitting to decree on the matter. Fenech is taken outside in the meantime. Matthew Vella

11:34 The magistrate points out that it had already decreed that the parte civile had no locus standi on this proceedings. Deputy AG Philip Galea Farrugia describes the lawyer’s submissions as being “made for the media”, and now the court tells off the defence and the proseuction: “The court will not be used as a springboard for media coverage.” Montebello says she will not take cognizance of things which emerge in the media before the courts.

Galea Farrugia asks Mercieca to take back his “tampering with evidence” remark or says that there will be “further steps” against him. Matthew Vella

11:27 “This is a simple case in the defence’s opinion... if the first renvoi was Fenech’s then the criminal court was correct. This is a case where the AG bent over backwards to harm the accused and the court was misguided. Why has the prosecution not presented all its evidence after a full year of sittings?” Matthew Vella

11:25 He points out that on 3 November the accused had filed a note, which Madame Justice Consuelo Scerri Herrera had abstained from taking cognisance of. According to Mercieca, the AG quickly had made the note his own. He accused the AG of tampering with the evidence of the accused. “Fenech was trading a month of his liberty in exchange for a fair hearing,” he said. Matthew Vella

11:19 Charles Mercieca stands up to address some issues raised in the application. The issue is purely procedural, he says. Matthew Vella

11:14 Defence lawyer Gianluca Caruana Curran is in quarantine and is not here today. The magistrate says it would be a good idea to decree yesterday’s application. Deputy AG Philip Galea Farrugia says that he had already replied to it, but the reply is not yet in the acts. Matthew Vella

11:11 Magistrate Rachel Montebello enters the courtroom and the sitting begins. Matthew Vella

11:05 Yorgen Fenech, the Tumas magnate, is in the courtroom and is conferring privately with his lawyer Charles Mercieca as we wait for the magistrate to emerge from chambers in Hall 22. Caruana Galizia’s sons and her sisters are also seated near the witness box. Matthew Vella

11:04 Good morning, and welcome to this live-blog. Matthew Vella

The compilation of evidence against the man alleged to have masterminded the Daphne Caruana Galizia murder, Yorgen Fenech, continued this afternoon with several hours of legal arguments, culminating with the defence requesting a Constitutional reference on a breach of human rights.

Although witnesses were apparently slated for testimony on Wednesday, the sitting never really got off the ground, instead getting bogged down in procedural arguments and objections by the defence.

During the previous sitting, Fenech’s defence team claimed their client was framed for the murder of Daphne Caruana Galizia by “a liar”, who “bought” a presidential pardon.

The accusation was levelled towards Melvin Theuma, the chief witness in the case against Fenech, who stands charged with masterminding the journalist’s assassination.

READ MORE: Caruana Galizia murder: Defence insists case 'orchestrated by a liar to frame' Yorgen Fenech

The evidence against Fenech primarily rests on the testimony of Melvin Theuma, the middleman in the murder. Theuma, who had secretly recorded various conversations between himself, Fenech and others, was given a presidential pardon to tell all last year.

Magistrate Rachel Montebello is hearing the compilation of evidence against Fenech.

The defence lawyers are Marion Camilleri, Gianluca Caruana Curran and Charles Mercieca.

The prosecution is being led by inspectors Keith Arnaud and Kurt Zahra, assisted by the Attorney General.