Judge rejects Melvin Theuma request to include State in case for damages

A court has rejected a request by Melvin Theuma’s lawyers to have the State made a defendant in a case for damages filed by the Caruana Galizia family.

The brief decree, denying the request was issued this morning by madam justice Anna Felice. It is understood that his lawyers are contemplating an appeal.

The request had been made in January, with the other parties not opposing it.

The case for damages had initially been filed against Yorgen Fenech, who is indicted as the mastermind behind the murder, but was later extended to include Theuma, Vincent Muscat il-Kohhu, who admitted to his involvement in the murder, as well as brothers George and Alfred Degiorgio, who are accused of carrying out the murder, Robert Agius tal-Maksar and Jamie Vella who are accused of supplying the bomb to the journalist’s killers.

Melvin Theuma’s lawyers, Kathleen Calleja Grima and Matthew Brincat had filed applications asking that the court include the State amongst the list of defendants to the claim for damages filed by the Caruana Galizia family. This is in the light of the findings of the public inquiry into the murder which had concluded that the State should shoulder responsibility for the murder.

Theuma’s application had requested the court to add the Prime Minister, the State Advocate, the Attorney General and the Commissioner of Police to the list of defendants.

In its decision, the court cited case law which established that it was not necessary to include third parties who may have a juridical interest but not a juridical relationship to a case when the responsibility of the defendant towards the plaintiff is not in doubt.

The judge ruled that the addition of the requested parties was thus, not necessary.

Lawyer Joseph Zammit Maempel assisted the Caurana Galizia family in the proceedings. Lawyer William Cuschieri assisted the Degiorgio brothers. Lawyer Alfred Abela appeared for Agius and Vella.