Maksar gang trial: Defence tries to cast doubt on police investigation

That is all for today. Testimonies will continue on Thursday. 

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Police communications head takes witness stand

Brandon Pisani who leads the police Community and Media Relations Unit (CMRU), is next to take the witness stand.  

A video showing the Police Commissioner Angelo Gafà during a press conference is shown. In the video he explains how three persons were arrested in connection to Daphne Caruana Galizia’s murder. He confirms how some persons were arrested in bahrija and one arrest was carried out in Swieqi.

The defence are attempting to discredit Assistant Commissioner Arnaud since Gafà had said that all evidence has been collected, but Arnaud said that investigation is still ongoing. They are trying to bring forward these conflicting statements to the jurors.

Police inspector takes witness stand

Inspector Sandra Zammit is next to take the witness stand. She is questioned by lawyer Noel Bianco, representing George Degiorgio. She explains what she had done after receiving information about the murder on the day it occurred. She told other police officers not to let anyone leave the garage complex.

Zammit recalled Augustine Grixti had discovered the victim, lawyer Chircop, and that Chircop’s sister was present but was not allowed to enter the scene. She also noted that Grixti later went to the nearest health centre as he was in shock.

A video was shown in court, revealing a previously unmentioned Renault car leaving the scene just before the ambulance left the scene. When questioned about the car, Zammit said she had no information about who was inside or whether the police investigated it.

Carmel Chircop colleague takes the witness stand

Josette Attard is next to take the witness stand. A legal procurator, she has been working at Dingli Law Firm since 1999.

She assists the court in recording acts of proceedings but works exclusively in the civil sector, not the criminal one. She was examined by lawyer Nicholas Mifsud, who referred to a particular document during his questioning.

Carmel Chircop joined Dingli Law Firm as a partner in 2013. His areas of specialization were civil law and shipping law. Josette Attard, as the legal procurator for the entire firm, stated that whoever required her services would approach her directly—including Carmel Chircop, who did so from the time he joined.

A judicial letter was filed on 12 June 2014 by Carmel Chircop. It was addressed to ERom Ltd, Ryan Schembri and his wife, Etienne and Nathalie Cassar, Cassar & Schembri Ltd, and Adrian Agius. The letter referred to a creditor’s demand and was based on a dishonoured cheque issued by Cassar & Schembri Ltd to Chircop.

The cheque had been refused by the bank, prompting Chircop to invoke Article 256(2) of Chapter 12 of the Civil Code, which allows for enforcement through an intimation when a public contract exists.

While most parties were served, Etienne Cassar was not initially notified. Chircop later informed the court via email that he had obtained a new address for Cassar—changing it from Żabbar to Marsascala. A supporting document confirmed that this correction had been previously communicated.

When asked whether a reply to the judicial letter had been filed, the witness stated she could not recall.

There was a “riferta pożittiva” (positive service report), and Josette Attard checked whether there had been any follow-up. From her search, it resulted that no follow-up was found.

She later informed Chircop that a second judicial letter regarding Etienne Cassar had been positively notified.

We are back

The magistrate, the accused, the lawyers and the media are back inside the courtroom, and the session resumes. 

The sitting has been suspended again for another break. 

The jury is expected to continue later this afternoon at around 3:00pm.

Defence reminds jury of star witness's incoherence

Defence lawyer Psaila finalises his address to the jurors. "We invested so much money in so many foreign sources and experts and is it possible that is all you’ve got? Vince muscat?," he laughs addressing the prosecution.

"How many times has this witness chosen not to answer the questions asked? These are not theories but these are facts. We expected to receive solid replies from him," Psaila yells. 

"There is absolutely no reason why Vince Muscat would want to see his previous testimony, the truth does not change and that is it”. An injustice is not solved by another injustice, defence lawyer Psaila concludes.

The sitting continues as jurors make their way back to their seats.

The jurors head for a short break as the sitting will continue shortly.

'You were there. You be the judge of the facts'

Psaila also questions the thoroughness of police investigators during car searches. He notes that Vince Muscat also said that en route to the Chircop murder, him and Jamie were in the back, George was driving and the passenger was empty. Psaila said that the sun visor which was seen tilted downwards was the one of the passenger seat. "Is it normal that if someone is not in the passenger seat the sun visor is down and visor of the driver’s seat is not?"  Psaila said implying that someone was indeed in the passenger seat on the day.

The defence also analyses the position of the car during the murder. He refers jurors to the site visit. "Muscat said that the car was parked against the wall so that they would not block the passage for other cars." However, Psaila contended that it is impossible that a second car passes from that area as there is not enough space. "You were there. You be the judge of the facts, there was just not enough space for a car to pass, if the Toyota Ractis was indeed used," Psaila says.

Defence raise suspicions on police testimony, discarded murder weapons

During his address, lawyer Ishmael Psaila kept telling the jurors to properly examine the evidence and consider whether there was any indirect or direct evidence linking Vella to the murders. Psaila then spoke about the assassination of Carmel Chircop. He spoke about Police Seargent Gary Cauchi, who testified in the ongoing proceedings. Psaila says that it was funny that in order to testify he needed to bring a pendrive with him. Psaila further said that under the Marsa potato shed, the divers found various electronics under the sea. 

Muscat had told jurors that they had gotten rid of the weapon which killed Chircop by dumping it in the sea opposite the Tiger Bar in Marsa. However, they never attempted to recover this weapon because the sea contained too much sludge. “The sea under the Marsa potato shed is too filled with sludge but the divers still went into the water. Why was this excuse used in the case of Carmel Chircop?"

Defence questions why jurors were not taken to Mosta farmhouse during site visits

Lawyer Ishmael Psaila continues his arguments in defence of Jamie Vella, first thing on Wednesday morning. 

He tells jurors that during the interrogation by Keith Arnaud, Vella was asked why his mobile phone was establishing him to be in the limits of Mosta. Vella had replied that it was a likely possibility as he was probably at a farmhouse in Mosta, a family property. The farmhouse in question was very close to the vantage point in Bidnija. 

Jamie Vella frequented this property several times. Defence lawyer Ishmael Psaila stresses the fact that so much fuss was made about this farmhouse, but the jurors were not even taken to this farmhouse during the site visits.

"It was not a problem of logistics. It is just mere minutes away from Bidnija. The jurors could have easily been taken,"  Psaila argues. “Why were they not taken to this place constantly mentioned by the prosection?”.

Good morning. 

Our court reporter Maya Galea is inside the courtroom and will bring you live updates of the proceedings throughout the day.