Prosecution opposes fresh bail request by murder suspect Adrian Agius

The prosecution has objected to a request for bail by murder suspect Adrian Agius that was filed by his lawyers in today's sitting of the compilation of evidence.

Adrian Agius, his brother Robert Agius - both known by the family nickname Tal-Maksar - and their associates Jamie Vella and George Degiorgio stand charged with the murders of Daphne Caruana Galizia and Carmel Chircop.

Adrian Agius's charges relate to the Chircop murder, with police believing that he masterminded the lawyer's assassination in a garage complex in Birkirkara in 2015.

Defence lawyer Alfred Abela requested bail, insisting that Adrian Agius was not charged in relation to the Daphne Caruana Galizia murder and so his case could not be considered to have caused public disorder. Abela said the evidence against his client rested on the testimony of Vince Muscat, il-Koħħu, who was given a presidential pardon to tell all on the Chircop murder case.

“The acts of this case include the acts of the [Daphne public] inquiry. Therefore, the only evidence against Agius we have is the testimony of Vince Muscat, il-Koħħu. I will not attack the testimony yet, those are pleasures yet to come,” the lawyer argued.

But the prosecution was having none of this, insisting that Adrian Agius has the means and contacts necessary to disappear if he wishes not to appear before the court. “We have discussed this type of application less than a month ago. In the humble opinion of the prosecution, the element of passage of time does not exist... What happened in the past month? The prosecution filed a vast number of documents... the risk of escape, the risk of tampering with evidence or other crimes or public disorder are still compelling,” Attorney General lawyer George Camilleri said.

Magistrate Caroline Farrugia Frendo, who is presiding over the case, will give her decree on the bail application from chambers.

Robert Agius and Jamie Vella are charged with supplying the bomb that killed Daphne Caruana Galizia in October 2017.

Adrian Agius is charged with commissioning the murder of lawyer Carmel Chircop in 2015. Vella and Degiorgio are charged with executing Chircop’s assassination in a garage complex in Birkirkara.

Degiorgio is currently undergoing separate procedures for his involvement in the Caruana Galizia murder.

The Agius brothers and Vella had long been suspected of having been the bomb suppliers in the Caruana Galizia murder case. They had been arrested in December 2017 but later released with no charge.

They were re-arrested in February this year, on the same day that Vince Muscat, known as il-Koħħu, admitted his involvement in the Caruana Galizia murder and was sentenced to 15 years in prison following a plea bargain agreement.

Lawyers Alfred Abela and Rene Darmanin are defence counsel to the Agius brothers, while lawyer William Cuschieri is appearing for George Degiorgio.

Lawyer George Camilleri is representing the Attorney General in the proceedings, while Superintendent Keith Arnaud and Inspectors Shawn Pawney and Wayne Camilleri are prosecuting.

Lawyers Jason Azzopardi and Therese Comodini Cachia are appearing parte civile for the Caruana Galizia family, while lawyer Vince Galea is appearing for the Chircop family.

11:08 That's it for today. Thank you for following. A summary will appear shortly. Kurt Sansone

11:08 The magistrate will give her decree on bail in camera. Kurt Sansone

10:17 We gather that the parties are discussing an application that was filed this morning but that is as much information as we have for now. Kurt Sansone

10:09 The media is sent out of the hall. Kurt Sansone

10:05 The court says it has heard enough on bail. Kurt Sansone

10:05 “These too were pleasures yet to come,” Abela says, reminding that Agius was presumed innocent at this stage. Kurt Sansone

10:04 AG lawyer George Camilleri argues that the police found a substantial amount of drugs in Agius's possession at the time of his arrest. “So how can we say that Adrian Agius is a man of good character?” Kurt Sansone

10:04 Abela says that at this stage, it is up to the prosecution to bring the evidence to prove that bail is not a good idea. He points out that several accused murderers are out on bail. Kurt Sansone

09:58 Abela is quoting from various judgments and laws to support his arguments for bail. Kurt Sansone

09:55 Defence lawyer Alfred Abela adds: “The acts of this case include the acts of the inquiry. Therefore, the only evidence against Agius we have is the testimony of Vince Muscat, il-Koħħu. I will not attack the testimony yet, those are pleasures yet to come...” Kurt Sansone

09:53 On the public disorder argument, Abela replies that this has nothing to do with Adrian Agius as he is not accused of the murder of Daphne Caruana Galizia. “This argument does not emerge from Maltese law, but from Strasbourg, which deferred to local law on the subject,” the lawyer says. Kurt Sansone

09:48 Lawyer Alfred Abela retorts that Adrian Agius is not accused of the murder of Daphne Caruana Galizia. Kurt Sansone

09:47 Camilleri says he had to make a request today that the inquiry into the murder of Daphne Caruana Galizia be sent back to the inquiring magistrate as investigations are still underway. “The risks are tangible. The court's caution is still justified,” he says. Kurt Sansone

09:47 Camilleri says that Adrian Agius has the means and contacts necessary to disappear if he wishes not to appear before this court. “I have discussed this at length even before this court.” Kurt Sansone

09:46 AG lawyer George Camilleri: “We have discussed this type of applicationless than a month ago. In the humble opinion of the prosecution, the element of passage of time does not exist... What happened in the past month? The prosecution filed a vast number of documents... the risk of escape, the risk of tampering with evidence or other crimes or public disorder are still compelling.” Kurt Sansone

09:38 The AG declares himself notified with the application during the current sitting and will be making submissions on it during the sitting. The AG objects to bail. Kurt Sansone

09:37 The court took judicial notice of a bail application filed by Adrian Agius yesterday. Kurt Sansone

09:36 The court asks the parties whether there is consensus on an exemption from the court having to countersign every document. This is in view of a recent sentence by Madam Justice Edwina Grima. The judgment has not yet become a res judicata and so the court will ask them after the appeal period has lapsed in that case. Lawyer George Camilleri from the AG asks for a true copy of the proces verbal exhibited today. The court will deal with the matter later. Kurt Sansone

09:31 A court deputy registrar is summoned to the stand. She exhibits the proces verbal (court file) about the murder of lawyer Carmel Chircop. It is in several boxes. Another seven boxes of the proces verbal of the murder of Daphne Caruana Galizia are also exhibited. Kurt Sansone

09:30 Magistrate Caroline Farrugia Frendo emerges from Chambers and the sitting begins. Kurt Sansone

09:13 Good morning. Our Senior Reporter Matthew Agius is currently waiting for the session to begin. The media will be following today's session from a different hall via a video link. Laura Calleja