Maksar gang trial: Carmel Chircop’s widow told police husband feared Adrian Agius

Saturday proceedings over

His testimony has been read out, and Saturday's proceedings have come to a close. Thanks for following today's session with us. We will be back in court on Monday to continue following the proceedings. 

Witness recognised gunshots from bed, saw no movement at garage entrance

His testimony is still being read out, this time in the inquiry concerning the four accused. He was in bed at his mum's home in Birkirkara when, between 7-8am, he heard some shots. He said he's a fan of first-person shooter video games, so he immediately recognised the sound of a pistol. 

At first, the shots startled him. He spent five minutes wondering what happened, whether it was serious or not. Then, he went to look out of the window overlooking the entrance of the garages. He saw no one entering or leaving the complex. The witness told the magistrate that there were two entrances to the complex.

Regarding the alley near the complex, the witness had told the court that only a small car could pass from there. The road leads to Valley Road Street, next to the police station. 

Witness heard five spaced gunshots but saw no movement after shooting

We're back. The court is hearing the testimony of one of the witnesses living in the area of the garage complex where Chircop was killed. The testimony was given to the inquiring magistrate in 2015. He said that, as soon as he heard the gunshots, it took him a couple of seconds to get to his window, which overlooks the entrance of the garage. He spent 20 minutes looking out of the window. 

He told police that he heard the gunshots. It didn't sound like a burst of gunshots--there was an interval between the shots. He heard no less than five gunshots. 

"Since my window is right opposite, even if someone is running, I notice it. I lived there for years. You pick up on these things," he had told police. The witness only heard gunshots, after which he heard and saw nothing around the area. Not even any cries for help.

The witness said that there was another entrance to the garage that leads to a back alley. However, this entrance is always locked. The only person with keys to the lock is this mechanic 'Gino'. 

A short break

The court is taking a quick break, around 15-25 minutes. We'll be back soon. 

RIU officer recounts quick response to crime scene

A police constable testifies next. On duty with the police's rapid intervention unit at the time of the murder, he was on patrol in Birkirkara when he and his colleague were notified of a shooting in the area. It took them five minutes to arrive on site.

When they arrived, the cordoned off the area. He says the road appeared to close off, in that there was no opening at the end of the road, at least not one from where cars can pass easily.

Next witness is a police sergeant. He recalls being passed on a set of keys belonging to Chircop and was told to give them to Chircop's son.

Medical and police officers testify

A medical officer is testifying. He says he was called to the site of the crime at 7:50am. He went on site and analysed the body of Chircop. There was a gunshot wound on the centre right of his abdomen and another on the right upper body. There were no signs of life.

The witness after him is a police officer who was involved in both investigations: the Carmel Chircop murder and the assassination of Daphne Caruana Galizia. 

He had been working as a superintendent with the CID when Chircop was killed. He arrived on site at 8am. He had spoken to someone near the scene of the crime, an arms enthusiast, who said that it sounded like five gunshots from a pistol. He had contacted Go and Melita for information on Chircop's mobile.

When Caruana Galizia died, he was called on site and remained there while court experts and the duty magistrate arrived to investigate. He had been told to visit the car hire company from where Caruana Galizia had hired her car. He obtained a spare key from the vehicle and passed it on to the investigating team within the police. 

Gunshots and a car speeding out

The woman's husband is testifying next. He recalls hearing the gunshot that morning. He went to the balcony to take a look, but dismissed it. He figured it was a normal garage noise, such as something falling. He says he heard three shots for sure. He confirms that he had a brief chat with the neighbours about the sound but then continued with his day. 

He says that he heard a car speeding down the ramp and out of the road moments after hearing the gunshot, but he didn't see this car. He says it sounded like a small engine, but admits that he's no expert on cars. It definitely didn't sound like a truck, he says.

One of the defence lawyers mentions that he had testified to an inquiring magistrate about the sounds that could be heard from outside the complex. He reiterates that one wouldn't have been able to hear conversations but would hear the sounds of garage doors opening or closing. 

Witness woken up by gunshots

The next witness is a woman who lives opposite the garage complex. It was her day off when, at 7am, she and her husband were woken up by a loud noise. They jumped out of bed and went straight to the balcony door. Her husband chatted briefly with the neighbour, who was also curious about the sound, but they assumed it was nothing. Her husband went to work later that day, while she remained at home. A while later, police arrived. 

She had been questioned by police, but she doesn't remember what she was asked. 

A defence lawyer asks her about her balcony. She confirms that the balcony is right in front of the ramp leading into the garage. He asks how long it took her and her husband to reach the balcony, and she says it happened in three or four seconds. However, she didn't see anyone in the street after hearing the gunshots. 

Another lawyer asks her whether she knew if people lived inside the garage complex. She says it looked like this was the case. For example, at night she could notice that air conditioning was running in some of the garages. 

Break's over

Judge Michael Mallia is our next witness. He is testifying with Vincent Ciliberti. His job, as ordered by Magistrate Marseanne Farrugia, was to examine the files that Chircop kept at his offices and see what conclusion could be reached from these files. 

He noticed there were some discrepancies in the signatures on the files pertaining to the More Supermarkets deal. These documents were passed on the court and collected by the magistrate. 

Mallia is saying that there was nothing suspicious about the documents per se, but each document was analysed and summarised. However, the documents on the More Supermarkets deal caught their attention. The deal concerned hundreds of thousands of euro, and the documents were found in a more discreet part of his office. 

One of the defence lawyers refers to two bills of exchange (kambjala) from the evidence, both amounting to €300,000. Mallia says the guarantees were signed by Carmel Chircop and his wife, as well as Ryan Schembri, his wife, and Etienne Cassar. The lawyer is also referring to a constitution of debt signed by the parties.

Session on break

A lawyer from the defence team asks about efforts to determine whether the killer may have been in the complex or on the run. He asks whether he noticed, any cigarette butts in the complex, but the witness says he didn't. 

Regarding the alley, he's asked whether he parked his car in a way that could have blocked access in and out of the alley. He says that he didn't. He also confirms again that the car he was driving managed to get through the alleyway.

A lawyer asks if he saw people entering or exiting the alleyway, but the witness says this wasn't the case. 

The sitting will now go on break until 3pm. We will continue our reporting then.

Rapid intervention unit

Another constable testifies. He was part of the rapid intervention unit (RIU) on the day of the murder. He was driving around with a colleague in an RIU vehicle when he was notified of the murder.

When he arrived on site he noticed a small alley. He left his car parked in the middle of the road and spoke to a police official. He walked up the ramp and met with other police officials near the garage. 

At one point, he was told to move his car as an ambulance was on its way. He moved his car further up, near this alley. When it was time for him to leave, he avoided passing from the main road and managed to squeeze his car through this alley.

Alley access

After some more questions from the defence on the various entrances of the garage complex, the constable's testimony comes to an end.

The next witness is also a constable who was called to the site of the scene. He remained outside the complex to cordon the area off. He spent three hours on site, specifically on the road to make sure people do not enter the site. 

He says the scene was chaotic, with many curious passers-by asking what happened, but no one was allowed on site. 

The defence team asks whether it was had been cordoned off when he arrived on site. It wasn't. A lawyer asks him if anyone had blocked access from the nearby alley. He says that there should have been but he can't remember exactly who was asked to do so, as he was in charge of blocking access from the other side of the road. 

A dead end... or a small alley

One lawyer asks the witness about a certain 'Gino l-Mechanic'. The lawyer says he had a key to one of the other entrances to the garage complex. She says she wasn't aware of this. 

With no more questions from the defence or jurors, her testimony ends there. The next witness is a police constable who was on shift at the Birkirkara police station at the time of the murder. She recalls meeting Augustine Grixti, who guided them to the garage where Carmel Chircop's body was. Her testimony so far reflects what previous witnesses have said so far: he was found in a pool of blood, and there were gunshots on the walls and door of the garage as well as on the car bonnet.

She mentions that Augustine Grixti discovered the body because his garage was next to Chircop's. 

The defence starts cross-examining the witness, again pressing on the issue of entrances into the garage complex. One lawyer asks her if she knew that there was a small alley at the end of the road. She says that it looked like a dead end, but she does not exclude that there was an alley. The lawyer says that a small car could have passed through this alley. 

The scene of the crime

The prosecution is asking about the details of their site visit. She explains that they secured the area to make sure the only people on site were the police and medical officers. 

The cross-examination starts. One of the defence lawyers is also asking about the details of her visit, such as who she was with and whether she remained inside or outside the garage. "Did you check how may entrances there were in the garage complex, and where they were?"

"No," she replies. She was only in charge of one entrance near the ramp.

Apart from the police there was a civilian on site--Augustine Grixti. Grixti had gone to the garage complex when he heard the four shots.

Another lawyer asks if she knew of any other entrances and if she was aware of any other people who entered the garage complex from the back entrance. She says she wasn't informed so, but she wouldn't have been the person that should have been involved if this happened. 

Session resumes

A police inspector from the anti-money laundering squad is testifying next. She had been stationed at the Birkirkara police station on the day Carmel Chircop was murdered. She had been on shift that day when, at 7:25am, she was informed of the incident. Since the garage complex was within walking distance from the station, they decided to go there on foot. When they arrived, they found the body of the man in the garage. It was the first garage on the left as soon as they entered the complex. 

Next to the body was a bag, jacket and mobile phone. There were gunshots on the door and walls of the garage, as well as on the bonnet of the car. 

Testimony coming to a close

One juror asks her if there were suspicions elsewhere in the investigation. She says the suspicion was always on Adrian Agius. 

Responding to a follow-up question from police, the witness says she had been speaking with Superintendent Keith Arnaud during the investigation. She told him that she spoke with Chircop's wife, who was insisting on the deal with Adrian Agius. Arnaud had told her that he's hearing the same thing. When they saw that Adrian Agius was in Italy, they decided that they would question him when he arrives back in Malta.

That marks the end of this testimony. The court is now going on a short break until 11:30am. We will continue our reporting then.

Court experts asked to investigate company involvement

The next lawyer from the defence team cross-examines the superintendent. He's asking about incident reports and the garage complex. A lot of this is repetition.

However, the lawyer now asks her if she remembers that there were three entry points into the garage. She doesn't remember. She says that she only remembers the entry to Triq John Borg. 

The lawyer asks about Ryan Schembri, who had fled Malta with millions of euro worth of debt. She says she had not investigated the personal relationship between Schembri and Chircop. 

He asks about Jamie Vella. She says that she had never questioned or arrested him.

The lawyer asks: "Did it result to you that Chircop was a director in 14 companies?". She points out that she was only involved in the investigation up to a certain point in time. He continues asking about his involvement in several companies, and she says she doesn't remember any of this information. She says that other experts had been asked to investigate these details. 

Mallia's name cropped up elsewhere

Another lawyer cross-examines the witness. He asks about the garage complex and if she knew that people were living in those garages. She says she didn't stay entering into other people's garages. 

He asks whether she knew that Chircop received threats before his murder. However, now she's remembering that Mallia's name might have cropped up in a report belonging to Chircop. "I remember that I looked through Chircop's report, and it could be that Mallia's name cropped up there. That's why I'm saying that Chircop's wife wasn't the one who mentioned Mallia," she says. 

The lawyer asks about the story of Chircop in Sliema. She says that the police had taken a look at Chircop's call logs and it did appear that he was on the phone with Adrian Agius in Sliema. 

Only Adrian Agius questioned on More Supermarkets deal

The lawyer asks if she had interrogated the other debtors in the contract, namely Ryan Schembri and Etienne Cassar. She says she didn't, but it doesn't mean that no one else in the police force didn't. This puzzles the lawyer. The witness says that, at this point, the suspicion was squarely on Adrian Agius.

"I didn't do the entire investigation because I got transferred. As far as I was involved, only Adrian Agius was interrogated," she says. 

She adds that she spoke with Mallia, but it didn't appear that there was any cause for concern on the deal. With the More Supermarkets deal, it was clearly falling through. Moreover, Chircop's wife immediately flagged the deal, particularly the villa promised by Adrian Agius, as something he was concerned about.

Questions about Jeffrey John Mallia

Another lawyer from the defence team continues cross-examining the witness. He is still pressing her about Jeffrey John Mallia, asking why he wasn't considered more of a suspect when his business relationship with Chircop was the same as that which the lawyer had with Adrian Agius. He argues that both should have been considered suspects if the police were looking at Adrian Agius only because of this deal.

"Agius told us there was never a compromise on the deal. He didn't say that he refused to give his villa to Chircop," she says. "His wife told me Chircop kept trying to call Agius but he wasn't picking up."

The lawyer also asks her about the story of Chircop on the phone in Sliema. She points out that she had been transferred elsewhere in the police force. Other reports penned by other police officials should be more comprehensive, she says. 

The lawyer asks about Mallia again, but the witness insists that Chircop's wife had never mentioned this man to her. "His wife was concerned about Adrian Agius," she says. 

However, the lawyer is saying that Chircop had received a legal threat from Mallia about their business together. The witness says she doesn't remember this being mentioned to her during investigations. 

Chircop's major concern was Adrian Agius

The defence asks her about a certain Jeffrey John Mallia. She says that this man had some business with Chircop, and he was contacted so that the police can understand what this business was, but Mallia was not considered a suspect. 

"We tried to see if this business might have caused problems," she says. The lawyer is asking her why Mallia was interrogated while the notary was 'interviewed'. "Why was one given his rights and the other just interviewed?" he asks. 

She tells him that Mallia was questioned just in case any suspicious might result from the conversation. This was not the case with the notary, who was contacted only because of his role in the deal with Adrian Agius.

She repeats that Chircop's wife only told police about his worries with Adrian Agius. 

The lawyer now asks if Robert Agius was ever interviewed or interrogated or arrested by her. She says this was never the case.

Cross-examination starts

The defence team starts its cross-examination. One lawyer asks her about the layout of the garage complex where Chircop was found and when she had been notified of the murder. She refers to her notes and says that she was notified at around 8am on the day. He asks when she went on site, and she says that arrived shortly after being notified, possibly half an hour later. 

The lawyer is asking lots of questions about the procedures on site, such as the orders given and the roads that were closed off. She says the police cordoned off the area and were given orders that only police and court-appointed experts were allowed near the site.

She tells the court that, according to their investigations and conversations with Chircop's wife, the biggest worry on his mind at the time of the murder was this deal with Adrian Agius.

The More Supermarkets deal

The superintendent briefly explains the deal. Chircop had loaned a substantial sum to people connected to the More Supermarkets. In March 2014, Chircop entered into a contract with the directors of More Supermarkets. One of the debtors on the contract was Adrian Agius. 

She says notary Malcolm Mangion was questioned. He had said that Adrian Agius and Carmel Chircop had gone to him regarding this deal.

Chircop seen in Sliema

The superintendent says there was a communication breakdown after the business started to fall through.

She recalls hearing a story from one of her colleagues. They were in the Sliema area when they saw Chircop speaking on the mobile, argumenting and mentioning the name Adrian. She insists that she was not there to see it, but rather this was what she had been told by a colleague.

Chircop found lying in a pool of blood

Superintendent Sandra Zammit is our first witness of the day. She's recalling the day that Carmel Chircop was murdered in a Birkirkara garage complex. She saw a man lying on the ground and covered in a pool of blood. There were no signs of life, just gunshot wounds. A medical team that arrived on site pronounced him dead on the spot.

She says that Chircop, apart from being a lawyer, had some property business. She says that he was involved in a deal with Adrian Agius. However, the deal fell through. Adrian Agius had put his villa up as a guarantee, and Chircop was chasing him on this.

Adrian Agius was abroad at the time, but when he came back to Malta the police interrogated him. Agius explained that he was abroad the day of the murder. He also explained the business deal. "He had explained that they didn't reach a compromise. That was his last contact with Chirchop. We asked Adrian Agius if he was involved in the homicide, but he categorically denied it," she says. 

They released Agius from arrest so that more investigations can be carried out. 

Good morning and welcome to today's live blog. It's the ninth day of proceedings in the jury by trial of the four men accused of murdering journalist Daphne Caruana Galizia and lawyer Carmel Chirchop. 

Journalists have just been allowed into the courtroom. Jurors are making their way in too. Proceedings are starting.