Cocaine and cutting agents found inside Maksar brother's car, court told

Cocaine and cutting agents used with heroin were found inside a car belonging to Adrian Agius, a court has been told as it heard the compilation of evidence against four men accused of involvement in the murders of Daphne Caruana Galizia and Carmel Chircop.

Court expert Godwin Sammut told magistrate Caroline Farrugia Frendo that a brownish powder found in a car belonging to Adrian Agius turned out to be a mixture of paracetamol and caffeine. These were often used as cutting agents in the sale of heroin, he said.

Sammut was testifying in the compilation of evidence against brothers Adrian and Robert Agius, known as Ta’ Maksar, and their associates Jamie Vella and George Degiorgio (iċ-Ċiniż).

Sammut explained that he had been asked to analyze three evidence bags containing powder suspected to be an illicit substance.

The expert explained that the light brown powder was first passed through a screening test which indicated that heroin could be present, but that further tests provided a negative result for heroin. The two other bags contained a combined total 4.08g of cocaine with 22% purity, Sammut told the court.

Asked by prosecutor lawyer George Camilleri from the Office of the Attorney General what cutting agents are, Sammut said that the heroin sold on the street “is usually cut with adulterants, which are normally paracetamol and caffeine.”

Several other witnesses also testified today, including lawyer Louis Degabriele representing BOV, a GO Plc representative and an engineer who valued the cars owned by the accused. The court heard how the vehicles in question were valued at between €38,000 and €90,000 each, being worth some €260,000 in total.

The Agius brothers stand accused of supplying the bomb used to kill journalist Daphne Caruana Galizia in 2017 while George Degiorgio is facing separate proceedings over the murder of the journalist together with his brother Alfred Degiorgio, known as ‘il-Fulu’.

Lawyer Carmel Chircop was shot dead outside his garage on 8 October, 2015. Agius is charged with commissioning the murder, while his associates Jamie Vella and George Degiorgio are accused of carrying it out.

Lawyers Alfred Abela and Rene Darmanin are defence counsel to the Agius brothers and Vella. 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.

12:07 The court put the case off for 18 October at 12:30pm. Meanwhile, that’s it for today. We will be uploading a comprehensive write-up shortly. Thanks for following with us. Nicole Meilak

12:06 Abela replies, saying that in the Chircop case it was declared several times that the witnesses had all testified. It could not be counterproductive in that case, if it stopped the compilation, he says.

"We are making reference to decrees of this court," says the lawyer. "It is the Constitutional court that will give direction to this court. Making a separate case would not be the correct procedure," Abela said. Nicole Meilak

12:03 AG lawyer Camilleri says the AG is not agreeing with the defence on the issue of human rights. It is not a procedural issue on fair hearing, but on bail. There is an element of urgency, yes, but in the procedure adopted by the defence this would stop these proceedings from going on.

This would be counterproductive and unjust to stop these proceedings, when the defence has the option to make a separate case. Nicole Meilak

12:02 AG lawyer Camilleri says the AG is not agreeing with the defence on the issue of human rights. It is not a procedural issue on fair hearing, but on bail. There is an element of urgency, yes, but in the procedure adopted by the defence this would stop these proceedings from going on. Nicole Meilak

12:01 The court points out that if it upholds the request, the proceedings must be suspended until the issue is resolved. Why not make an ad hoc case, asks the magistrate.

”This is the proper procedure,” says the lawyer. Nicole Meilak

12:00 He asks for a constitutional reference on the issue. Once this issue is decided, the court can say whether or not the issue of public disorder can justify the withholding of bail. Nicole Meilak

11:59 Only Adrian Agius has filed the applicaiton, and not all the accused, as the last decree over the refusal of bail was a reply to his application. Nicole Meilak

11:57 Abela makes verbal submissions about the applicaiton which he says was filed yesterday on behalf of Adrian Agius. The application deals with the issue of public disorder with regards to a bail application. "Strasbourg has always said that public disorder objections to bail must be rooted in domestic law."

Once this doesn't emerge from Maltese law, it cannot be used to hold people under arrest, he says. Nicole Meilak

11:55 Abela makes verbal submissions about the applicaiton which he says was filed yesterday on behalf of Adrian Agius. Nicole Meilak

11:54 That's all the witness evidence for today. Abela asks to make submissions on an application he recently filed. However, the AG had not yet been notified of it. Nicole Meilak

11:53 He was asked to estimate thet value of four cars. Their values vary between €38,000 and €90,000 each. Nicole Meilak

11:50 The lawyers are bickering about the relevance of the witness' evidence. Meanwhile, engineer Jean Paul Azzopardi takes the stand. Nicole Meilak

11:49 Camilleri asks if it is normal for numbers to be registered in the name of a company without a contact person identified. "It varies,” he says. His examination is suspended so he can bring evidence next time. Nicole Meilak

11:47 The number has been registered since 2010, and is still active. Call logs are preserved for up to a year, he says. He can be obliged to exhibit them at a later stage. Nicole Meilak

11:46 The number was and is registered to Tubeline LTD of luqa. Recently, instead of the company registration number, an ID card number was listed. Nicole Meilak

11:45 Notary Anthony Bonnici takes the stand next on behalf of GO. Plc. He had been asked to give registration details for the past years for a particular number, which has been disclosed in court but its publication is banned. Nicole Meilak

11:43 Alfred Abela cross-examines. "These 300g are not against the law, correct?" he asks. The witness confirms this. He says only 4.08g of illegal substances were found, at 22% purity. This is normal for street cocaine, says the witness. Nicole Meilak

11:41 “The first thing you think about is heroin, as it is a brown powder too. There were screening tests which indicated heroin. This test indicated the possibility of heroin, but this was later excluded by further tests."

It was not the first time that this has happened, the expert says. Nicole Meilak

11:40 The AG cross-examines the witness, asking about the cutting agents. "Normally the heroin we see in the streets is cut with adulterants, generally caffeine and paracetamol."

The expert, who has 22 years of experience in the field, is asked about how the substances were presented to him.

"It was a brown powder," he says. Nicole Meilak

11:38 A light brown substance was tested and found to contain paracetamol and caffeine. These are not prohibited, but are used as cutting agents with heroin, said the expert. Another 4.08g of cocaine was found. Nicole Meilak

11:36 Court expert Godwin Sammut takes the stand. He had been appointed by inquiring magistrate Marseanne Farrugia to analyse items suspected of having an illicit substance. Nicole Meilak

11:31 The lawyers are now discussing his testimony. This is also prohibited from publication. Nicole Meilak

11:31 Degabriele steps off the stand, having testified about the 20 July application by BOV. Nicole Meilak

11:28 Degabriele starts testifying about BOV’s relationship with Adrian Agius but the court orders that his testimony is not published in the media. Kurt Sansone

11:26 The accused saunter into the courtroom and take a seat in the front row. Kurt Sansone

11:25 Dr Degabriele takes the stand whilst we are waiting for the accused, after defence lawyer Alfred Abela says he has no objection to this happening. Kurt Sansone

11:25 Today, Louis Degabriele will be testifying on behalf of Bank of Valletta, Godwin Sammu for telecommunications company GO and engineer Jean Paul Azzopardi. Kurt Sansone

11:23 The magistrate remarks that she has been waiting for 20 minutes for the accused to be brought up into the courtroom. Kurt Sansone

11:23 Therese Comodini Cachia is here on behalf of the Caruana Galizia family and Magistrate Caroline Farrugia Frendo is presiding. Kurt Sansone

11:22 Lawyers William Cuschieri, Alfred Abela and Rene Darmanin are sitting on the defence counsel side of the court. Kurt Sansone

11:09 Lawyer George Camilleri, Inspectors Sean Pawney and Wayne Camilleri and Superintendent Keith Arnaud are prosecuting. Kurt Sansone

11:09 Our senior court reporter Matthew Agius has just entered the hall. The courtroom players are waiting for the accused to be brought in. Kurt Sansone

11:08 Good morning. Kurt Sansone