Melvin Theuma's testimony in case for damages against Caruana Galizia murder plotters delayed

Melvin Theuma has refused to testify in civil proceedings against men linked to Daphne Caruana Galizia’s assassination citing an ongoing appeal in a separate case.

The case for damages was filed by Caruana Galizia’s family against Yorgen Fenech, who is indicted as the mastermind behind the murder, but was later extended to include Theuma and convicted hitmen Vince Muscat, il-Koħħu, George Degiorgio, iċ-Ċiniż, Alfred Degiorgio, il-Fulu, and the men accused of supplying the bomb that killed the journalist, Robert Agius, Tal-Maksar, and Jamie Vella.

Theuma justified his refusal to testify because of a separate appeals case aimed at forcing the police to charge him with perjury.

When the damages case was called before Madam Justice Anna Felice this morning, the judge informed the parties that the Police Commissioner had requested a copy of Vince Muscat’s testimony in these proceedings. The court had replied saying that it would be available in the acts of the case after being transcribed. The request had been filed on 7 February.

Yorgen Fenech’s lawyer, Anna Mallia dictated a note, informing the court that although her client had no objection to the Police Commissioner’s request, her client “would have liked” to have been notified with a copy of it.

“The information testified about by Muscat has already been in the Commissioner’s hands for over two years and this is simply another excuse by the Police Commissioner to keep this case open indefinitely,” the lawyer accused.

Vince Muscat testifies on €150,000 payment

Vince Muscat, il-Koħħu, (right) admitted to being one of three hitmen who murdered Daphne Caruana Galizia in October 2017

Today’s sitting also saw Vince Muscat, who had been convicted of carrying out the murder cross-examined on the witness stand. Mallia reminded him that he had testified to having informed George Degiorgio that he had seen Caruana Galizia’s car parked outside her house. “Was this the only time it was parked outside?” asked the lawyer. “Yes ma’am. The only time.”

Muscat was also asked about the €150,000 payment he had received for the murder. Mallia pointed out that he had testified to having received a €30,000 deposit. “When and how were the other €120,000 paid?” “After what happened,” Muscat replied.

“Alfred Degiorgio told me that we were going to meet Melvin Theuma at ix-Xgħajra ta’ Ħaż-Żabbar (Xgħajra), thereabouts.” He hadn’t seen Theuma hand over the money, he said.

“He [Degiorgio] went a slight distance away, near the caravans and boats and set off. Then he returned with the money.”

“Who gave him the money?” asked the lawyer. “Melvin Theuma, always Melvin Theuma,” Muscat replied.

He also confirmed that Theuma had tipped off the assassins about the impending police raid on the Marsa potato shed, during which they were arrested. He did not know who had given Theuma the information, he said.

Theuma’s lawyer invokes right to silence

Melvin Theuma, who acted as a middleman between Yorgen Fenech and the hitmen, was granted a presidential pardon to tell all

The next witness was supposed to be Melvin Theuma, but after Muscat stepped off the stand, Theuma’s lawyer Kathleen Calleja Grima informed the court that there was a situation which meant that her client wanted to use his right to silence at this point.

Theuma had received a pardon, explained the lawyer, but in the meantime, challenge proceedings against the Commissioner of Police have been filed, attacking Theuma’s pardon and his testimony. An appeal to an initial decision in the challenge proceedings is currently still pending.

“My client wishes to exercise his right to silence at this stage, until the challenge proceedings are concluded.”

Had those proceedings not been still underway, Theuma would have testified today, insisted the lawyer as the other parties protested. “It would have been a totally different story,” Calleja Grima said.

One of the lawyers representing the Caruana Galizia family, Joe Zammit Maempel, described the request as a “bolt from the blue,” and underlined the importance of Theuma’s testimony in this case.

Calleja Grima submitted that the right to non-self-incrimination emanated from the law, at which point the judge pointed out that Theuma had already testified several times in several other cases.

Mallia objected vociferously to the request, as the sitting briefly descended into chaos. “If Yorgen Fenech had received a pardon he would have testified!” Mallia shouted as the two lawyers bickered.

“The last time you came and told us what you told us. You could have at least filed an application,” protested Fenech’s lawyer, after the row calmed down.

Calleja Grima then dictated a note, stating that “at this stage, Melvin Theuma is invoking his right to silence,” as he was the subject of pending proceedings against him for perjury, amongst other things.  

Judge orders all Theuma’s testimony to be exhibited

The judge said that in the circumstances, she would order that Theuma exhibit transcripts of every testimony that he had already given in other proceedings.

Calleja Grima did not object to their exhibition, but said that procedurally whether or not the judge’s order is adhered to did not depend on her.

Mallia objected to the order, telling the court that she didn’t want the transcripts to be “available to everybody.”

The court ordered the transcripts be exhibited, nonetheless.

Fenech’s lawyer then asked that the request be dealt with after Theuma testified today, but this was not upheld.

The court ordered the registrar of the criminal court to exhibit a copy of all testimony already tendered by Melvin Theuma in proceedings against Yorgen Fenech, George and Alfred Degiorgio and Vince Muscat as well as those against Robert Agius and Jamie Vella. The exhibition of his refusal to testify in the proceedings against Keith Schembri was also ordered.

The registrar was ordered to complete this task within four weeks.

The judge reserved the right to decree on the request for further testimony and cross-examination of Melvin Theuma.

The judge assured Mallia that she would still have the right to cross-examine Theuma.

The case was adjourned to May for further evidence to be heard. “We will have the copies of the testimony by then and we will take it from there,” concluded the judge.