Maksar gang trial: ‘Vince Muscat did not witness the truth,’ defence lawyer tells jurors

In a forceful address to the jury, defence lawyer Alfred Abela repeatedly challenges the credibility of state witness Vince Muscat, arguing that his shifting testimony is unreliable and unsupported by evidence

The accused (from left to right): Robert Agius, Jamie Vella, George Degiorgio and Adrian Agius
The accused (from left to right): Robert Agius, Jamie Vella, George Degiorgio and Adrian Agius

Defence lawyer Alfred Abela repeatedly attacked the credibility of the prosecution’s star witness, Vince Muscat, known as il-Koħħu, as he addressed jurors on Friday.

“Vince Muscat did not witness the truth,” Abela insisted as he tried to poke holes in the prosecution’s case against four men accused of involvement in the murders of journalist Daphne Caruana Galizia and lawyer Carmel Chircop.

Abela, who is representing Robert Agius, stressed that Muscat’s statements were “inconsistent, selective, and served only to protect his own interests”.

Brothers Robert and Adrian Agius, known as Tal-Maksar, Jamie Vella, and George Degiorgio, known as Iċ-Ċiniż, stand charged with complicity in the two killings, which prosecutors say were carried out using explosives and firearms, and motivated by financial and criminal interests.

Vince Muscat, il-Koħħu, is the prosecution's star witness (Photo: James Bianchi/MaltaToday)
Vince Muscat, il-Koħħu, is the prosecution's star witness (Photo: James Bianchi/MaltaToday)

“Muscat tailored his testimony to suit himself,” Abela argued, accusing the self-confessed criminal of giving versions of events that shifted over the years. “We have the 2018 version, the 2020 version, a statement before a judge, witnesses in this jury, and others from the compilation of evidence,” Abela said, questioning the reliability of Muscat’s accounts.

Focusing specifically on the link between his client Robert Agius and the Caruana Galizia assassination, Abela downplayed Muscat’s claim that George Degiorgio approached Robert Agius and Jamie Vella about a garage.

According to the defence, the only reliable part of that interaction was that Agius may have been asked about a garage—without knowing its intended use. “This is the kind of proof we’re relying on?” Abela asked, comparing it to lending a friend your phone only to be blamed later for a threatening call made without your knowledge.

In the Carmel Chircop murder case, Abela cast further doubt on Muscat’s testimony by analysing crime scene evidence that, he said, contradicted Muscat’s version of events.

From the positioning of the victim’s legs to the trajectory of the bullets, Abela argued that the details “do not make sense.” He emphasised that there was no physical evidence tying Agius to either murder, and pointed out that even Muscat had trouble remembering critical details, such as who drove during key moments.

At several points, Abela reminded jurors of the weight their decision carries—not only for justice for the victims but also for the accused. “Telling someone’s daughter her father is in prison because of a lie is a tragedy too,” he said.

The jury continues tomorrow, Saturday.

On Thursday, jurors continued viewing footage of police interrogations with the accused, including one in which Adrian Agius repeatedly invoked his right to remain silent when questioned about Vince Muscat’s allegations concerning the murder of Chircop.

Vince Muscat had reportedly told police that Adrian Agius provided Chircop's address to the killers, paid money for the murder, and pressured Degiorgio to carry it out. Jamie Vella, also interrogated on 24 February 2021, initially responded to questions but later fell silent, especially when asked about allegations that he had handled weapons or participated directly in Chircop’s killing.

Police also questioned him about claims of disposing of the murder weapon at Marsa. The footage showed both men’s reluctance to respond, despite investigators citing Muscat’s detailed testimony and efforts to contrast it with their own versions.

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

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

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

17:52

That is all for today. Thanks for following. 

A writeup on today's proceedings will follow shortly. 

Karl Azzopardi
17:43

Defence lawyer Alfred Abela moves on to Caruana Galizia murder

Moving on to the Caruana Galizia murder, Abela says six different versions on how the hit was carried out were told in court.

Abela remarks that the only thing he cares about is what’s being said about his client, Robert Agius. He reiterates that in the Caruana Galizia case “we have the 2018 version, the 2020 version, a statement in front of a judge, witnesses in this jury and witness who testified in the compilation of evidence.”

He then speaks about the fact that Vince Muscat said George Degiorgio told him he talked to Robert Agius and Jamie Vella to get him a garage.

“If we are going to believe these claims, then the only thing that there is to believe is that was just asking about a garage. He also stresses the point that even when asked who got the keys, Muscat replied saying that it was George,” the lawyer says. “This results from the fact that Robert Agius did not even know for what this garage would be used.”

Abela illustrates his argument with an example. He says that if you're walking outside and a stranger stops you to ask if they can use your phone to make a call, you’d probably say no—especially if you're in a hurry. But if the person asking is someone you know, you’d likely hand it over without hesitation.

He then continues: imagine later you receive a call from the police accusing you of calling a police sergeant and threatening him—from your own number. In reality, it wasn’t you who made the call, but the person you had lent your phone to. Abela compares this scenario to the situation involving the garage, ending with a rhetorical question: “Is this the kind of proof we’re relying on?”

Karl Azzopardi
17:13

Session resumes

Court proceedings resume, and defence lawyer Alfred Abela continues his statement.

Abela talks about the fact that Vince does even know how much he got paid. “He says nothing is important, so nothing is important for him?”

Abela repeats to the jury that no one alleged that Robert Agius was in the car, or that he brought a firearm to the crime scene. “Only two allegations were made - one regarding money and the other one because he stalked Chircop (qagħad għassa).”

He also questions what new facts Vince Muscat had brought to the case, saying “everyone knew” where the murder took place, or where Robert Agius lived.

Karl Azzopardi
16:22

Court breaks again

Defence lawyer Abela explains the situation with the warehouse to the jury again.

He explains the situation with the signed contract, and explains that it caused various problems between the parties.

Proceedings are suspened... again. The jury continues at 4:45pm.

Karl Azzopardi
15:53

Muscat’s friend should be facing charges not Robert Agius

He tells the jury, that according to the law, any doubts they have need to be in favour of his client.

While continuing to tell the jury that Vince Muscat’s testimony was not truthfull, he says that il-Koħħu put the blame on Robert Agius because the actual person who should be facing charges is Muscat’s friend.

“He won’t tell on his friend,” the lawyer told the jurors.

 

Karl Azzopardi
15:20

Proceedings resume 

Proceedings resume, and defence lawyer Alfred Abela continues to analyse Carmel Chircop’s legs after the shooting.

A photo showing the lifeless body is shown to jurors.

 

Karl Azzopardi
13:19

Defence lawyer dissects the crime scene

Referring to the picture of the position of how Chircop’s lifeless body was found, he explains his left leg seems caught underneath the right leg, and the legs were outside the garage.

He tells jurors that according to Vince Muscat, Carmel Chircop had entered the garage. “How could this be? It does not even make sense.”

The defence lawyer tells the courtroom: “We are seeing with our own eyes.”

He goes on to explain the way the corpse’s legs were found, the victim was facing inwards, and turned around when he felt the gunshots, adding that the probability is the person who shot at him was hiding behind a wall inside the garage complex.

Court breaks for lunch until 3pm.

Karl Azzopardi
13:00

Defence lawyer tries to discredit Muscat testimony

The defence lawyer than switches his attention to the Carmel Chircop murder crime scene.

Abela refers to a document, showing a Mercedes car belonging to Carmel Chircop, and explains that the bullet kept going through the car.

He explains those who fired the gun, fired it at an angle and then adds: “if one looks at the garage door, if the bullet passed straight then it would have hit the Mercedes on the other side.”

Continuing to describe the crime scene, he says the way Vince Muscat described the shooting “does not make sense”.

Karl Azzopardi
12:26

‘What Koħħu said does not add up’

Defence lawyer Abela continues stressing the point that what Vince Muscat said does not add up. He uses Muscat’s previous testimony on when he said that he took Robert Agius with him to the Valletta Waterfront to show him who Carmel Chirchop is.

“How does this make sense?” he tells the jurors.

He insists it is impossible to not remember certain stuff: “How could you forget who drove and from where you passed? How do you forget these things?”

Karl Azzopardi
11:50

‘Nothing tying Robert Agius to the crime’

After a short break, proceedings continue.

Vince Muscat’s testimony, the lawyer says, is only collaborative when it favours him. He also says there is no evidence tying Robert Agius to the crime.

He then tells the jury they need to be convinced of Muscat’s testimony if they are to base their decision on what he said.

Karl Azzopardi
11:22

Make the right decision, defence lawyer tells jurors

The defence lawyer has spent the past hour warning jurors they must make the right decision and praising the magistrate.

He goes on to say the murder of a person is a tragedy no one should endure, but the same goes for people who are falsely incarcerated.

“Going to the someone’s daughter and telling her that her dad is in prison because of someone’s lie is a tragedy too,” he tells jurors.

Karl Azzopardi
09:42

‘Forget what you saw and heard on the media’

Lawyer Abela starts off by telling jurors it is important to “address the elephant in the room”.

He says in no way are the two murders justified, as Carmel Chircop was a father, he was a son, and a husband before being a lawyer, and Daphne Caruana Galizia was a wife and a mother before being a journalist.

He adds that Vince Muscat was selective in his witness statements, and gave up information which favours his side of the story.

The lawyer also tells jurors to try and forget what they heard on the media, and while he understands “they are doing their job”, there is always a “certain sense of sensationalism” in how they report.

Karl Azzopardi
09:27

Prosecutors inform the court there are no more witnesses from their end. 

The court is also informed Robert and Adrian Agius. Jamie Vella and George Degiorgio will not take the witness stand. 

Lawyer Afred Abela will start his defence. 

Karl Azzopardi
09:25

Good morning, court reporter Jaelle Borg is inside the courtroom, and proceedings begin. 

Karl Azzopardi