Maksar gang trial: Koħħu didn't want bail because he feared he would 'end up like Daphne'

Vince Muscat's cross-examination ended on Wednesday, as experts who worked on the Caruana Galizia murder investigation testified

Vincent Muscat, known as il-Kohhu
Vincent Muscat, known as il-Kohhu

Convicted hitman and star witness Vince Muscat concluded his testimony on the fifth day in the trial by jury of the four individuals charged with the murder of Daphne Caruana Galizia and Carmel Chircop on Wednesday morning.

The accused are ‘Tal-Maksar’ brothers, Robert and Adrian Agius, Jamie Vella and George Degiorgio.

Vella and Robert Agius, Adrian’s younger brother. They are accused of complicity in the murder of journalist Daphne Caruana Galizia by supplying the bomb that killed her in October 2017. Adrian Agius is charged with commissioning the murder of lawyer Carmel Chircop in 2015. Prosecutors insist the hit was also carried out in complicity with Jamie Vella and George Degiorgio who are accused of executing Chircop’s murder.

Defence lawyer Amadeus Cachia continued his cross-examination on the witness and Muscat recounted a particular conversation with Keith Arnaud and his lawyer, which revealed threats on his life and fears of attacks on his family.

He explained that his constant fear of the Maksar brothers led to him not to request bail as he strongly believed he would meet the same end as Daphne Caruana Galizia. In prison, he was very cautious with his food due to fears of poisoning. In light of these fears, it was heard in court that his lawyer, Arthur Azzopardi, had requested Arnaud to provide him protection.

Cachia pressed Muscat on his previous admission of a disability in his eye and left arm and stressed that this resulted from when he was shot by a man known as "it-Tyson," Jonathan Pace. When Cachia brought up Pace’s subsequent murder which had  occurred just a few months later, Muscat insisted there was no relevance.

The defence also explored Muscat’s connections to Frans Formosa, a man who also frequented Marsa potato shed, and later died after ingesting acid while in prison at the same time as Muscat. Muscat admitted to knowing the man but said he was unaware that Formosa had been questioned in connection with Caruana Galizia’s murder.

Pressed further, Muscat denied hearing Alfred and George Degiorgio claim they paid money to Jamie Vella. Muscat had previously said that “Jamie Vella had the guts to shoot” and Amadeus Cachia quickly responded that he did too as he previously shot at OTHER people. At this, Muscat chose to remain silent as defence lawyers smirked.

Later, Vince Muscat first claimed that he did not know Keith Schembri personally but was just aware of his job, as the former chief of staff to the Prime Minister. The defence team then displayed a handwritten note by Muscat referencing someone named "Kijt" speaking about a farmhouse. When asked if this referred to Keith Schembri, Muscat claimed not to remember writing the note.

Explosives expert Mario Cmarec from Europol took the witness stand later in the afternoon. He was assigned to conduct the post-blast investigation, as he confirmed that the bomb was placed under the driver’s seat of Caruana Galizia’s vehicle and contained 300–400 grams of military-grade explosive such as TNT. It was designed to ensure a lethal outcome. His examination revealed that the device was handmade with locally accessible materials and placed strategically to kill the driver and passengers.

Prosecutors Godwin Cini, Danika Vella and Anthony Vella are representing the Attorney General’s office.

Defence lawyer Nicholas Mifsud is appearing for Adrian Agius, Ishmael Psaila and Amadeus Cachia for Jamie Vella, Alfred Abela and Rene Darmanin representing Robert Agius, and Noel Bianco and Leslie Cuschieri for George Degiorgio.

Jason Azzopardi and Therese Comodini Cachia are assisting the Caruana Galizia family, while Vince Galea is assisting the Chircop family.

17:05

That concludes today's sitting

Thank you for tuning in. We will have a comprehensive report of today's jury proceedings shortly.

Matthew Farrugia
17:04

Europol expert details device analysis

Another Europol expert takes the stand in today’s afternoon sitting. His role was to extract data from certain listed exhibits. His task was limited to the extraction of devices and searches in a garage in Żebbuġ. These were carried out between 4 and 8 December.

He explains that Maltese authorities requested their assistance in the investigation of the Caruana Galizia murder. They assisted Maltese police during the elevation of devices which were then delivered to Europol for analysis.

Matthew Farrugia
16:24

Crime scene visits to be scheduled

The court briefly discussed upcoming crime scene visits that need to be ironed out.

Judge Edwina Grima says she wants the visits to take place over the weekend due to traffic concerns.

It is suggested that the visits will take place on Friday and Saturday if the experts' testimony is concluded by that time. If not, it will take place on Saturday and Sunday.

Meanwhile, the expert continues to explain the minor details of the explosive reconstruction as analysed by him.

Several photos of small bolts and other parts shown on the courtroom TV give a clearer picture to the jurors of how intricate the process behind the making of an explosive device is.

Matthew Farrugia
15:09

Welcome back

Our court reporter Maya Galea is back in the courtroom and is waiting for the jurors to enter.

Matthew Farrugia
12:58

The sitting has been suspended as jurors head for a break.

Matthew Farrugia
12:09

Expert notes that bomb was intended to kill driver and passengers

Cmarec stated that the bomb was hand-made and consisted of material that is easily found locally. The Europol expert testifies that evidence found showed that the way the bomb was made and the place it was in were specifically intended to kill the person driving the car and also kill passengers that might have been in the vehicle.

He continues by saying that to properly examine the damaged vehicle, another car, the exact same model of the same year as Caruana Galizia’s, was also brought to police premises for visualisation and comparison.

Matthew Farrugia
12:01

Europol explosive expert next on the witness stand

Expert Mario Cmarec, a specialist in explosives from the European anti-terrorist section of Europol takes the witness stand.

He was assigned to make a ‘post-blast investigation’, on Caruana Galizia’s car and to analyse the objects elevated from the crime scene. His role involved determining things such as the quantity of explosive devices, where the bomb was placed, and the type of explosives used. 

He explains that the vehicle was properly secured by the police officers at their premises. He documented the damages on all sides of the vehicle.

Together with two Maltese police officers from the forensic laboratory and two Armed Forces officers from the Explosive Ordinance Disposal, the Europol expert established that the bomb, at the time of the explosion, was inside the car under the driver’s seat. 

The bomb was covered by a metal sheet filled with between 300 and 400 grams of military-grade explosive material.

Matthew Farrugia
11:44

The jurors are making their way back to their seats as the sitting continues.

Matthew Farrugia
11:00

Vince Muscat's testimony concluded

That's the end of Vince Muscat's testimony. Jurors head for a short break as court experts are expected to testify next.

Matthew Farrugia
10:55

Muscat says he didn't want bail because he feared he would "end up like Caruana Galizia"

"You mentioned the word fear in the cross-examination. Did you request bail back then?" the prosecution asks about the time Muscat was in preventive custody following the Caruana Galizia murder.

"I didn't want to go out on bail because I was scared," he confirmed. "What were you scared of?"

"That I would end up like Caruana Galizia," he says.

"Did you take any safety precautions in prison?" "I used to be very careful with the food I eat because of fear of poisoning."

It is understood that his lawyer at the time had requested Muscat be given protection while in preventive custody.

Matthew Farrugia
10:44

Degiorgio brothers weren't happy with payment for Caruana Galizia murder

“Did Robert Abela ever defend you as your lawyer?"  "I don't remember", Muscat replies, bringing an end to defence lawyer Amadeus Cachia's cross-examination. 

Prosecutor Godwin Cini now takes over the cross-examination. 

“Were the Degorgio brothers satisfied with the €150,000 they received for the (Caruana Galizia) murder?”, Cini asks. "They said they received peanuts and wanted a million. They were not happy with the amount," Muscat replies.

Matthew Farrugia
10:29

Muscat says he doesn't know Keith Schembri personally

“Do you know who Keith Schembri is?” “Not really,” Muscat answers. "I am aware he was former chief of staff to Joseph Muscat but I don't know him personally."

On the courtroom television, a note written by Muscat himself is seen. A part of it read, ‘Tah razzet li qalli Keith.’ 

"Someone named Keith told you something about a farmhouse. Who is Keith?" the lawyer asks. Muscat does not remember. 
He does not remember writing this note. "How do you not remember these things?" 

The defence reminds Muscat of the conditions of his pardon and of his duty to say the truth and nothing but the truth.

Matthew Farrugia
10:12

Muscat silent when asked whether he shot people in the past

“Did you ever hear Alfred and George Degorgio say that they gave any money to Jamie Vella?”  "No," he replies. 

“Previously, you said Jamie Vella has guts to shoot but I think you’re the one that has guts since you have already shot at some people?” Muscat remains silent. 

Madam Justice Grima tells the defence lawyer that he has already asked these questions and that it is a wrong tactic, to ask the same questions and wait for a different answer. 

Muscat says that he already mentioned his fear for the brothers. He continues by saying that once, Keith Arnaud had told him about fears that he might be killed and there was a risk that his family would be killed by acid poisoning. His lawyer was present during this.

Matthew Farrugia
09:54
Vince Muscat returns to the witness stand
 
Vince Muscat takes the witness stand for the fifth day. Lawyer Amadeus Cachia continues his cross-examination. “Did you ever undergo any operations or testing?”  "No."
 
"Didn’t you tell us, that one of your eyes or your left arm do not function properly? Do you agree that this was because someone known as it-Tyson had shot you?" Muscat says that he remembers this. 
 
"Three months later, coincidentally, Jonathan Pace, was killed," Cachia continues. "This has nothing to do with this case, Muscat fires back." 
 
"So after he had attempted to take your life, you told the police that you do not recognise him."
 
“Do you know a certain individual named Frans Formosa?” Muscat is familiar with this name and says that he knew him for a long time, as he used to frequent the Marsa potato shed too. Cachia asks Muscat to remember if he recalls an incident where Formosa drank acid which lead to his death. Formosa was in prison at the same time as Muscat. Formosa was questioned by the police in connection to the murder of Caruana Galizia but Muscat says he did not know this.
 
The court is reminded that during the 2014 plan to kill Daphne Caruana Galizia, Muscat had told police how lawyer David Gatt was the middle man and Chris Cardona was ready to pay the money for the killing. "Did you say this to Inspector Keith Arnaud at the time?"
 
After he is pressed, Muscat confirms that he had given information to Arnaud about Cardona and David Gatt.
Matthew Farrugia
09:28

Good morning. 

Our court reporter Maya Galea is in Courtroom 22 as members of the jury are making their way to their benches.

Matthew Farrugia