Maksar gang trial: Former minister Chris Cardona gives brief testimony

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Prosecution lawyer discredits Nicole Brignone testimony

The lawyer makes it point to question how one could rely on Nicole Brignone’s testimony when everything she said she heard from Kevin Ellul Double Zero, was denied by Ellul himself in his witness.

“But then we do not rely on Vince Muscat’s witness? He continues stressing she gave no details, and when asked certain key details she only replied with “I don’t know” or “I was on drugs”.

The lawyer says there is nothing which strengthens Nicole’s allegation, adding that the story behind Kevin Ellul “is nothing but a lie”.

He continues saying Kevin Ellul ended up in the middle of this allegation based off a lie. “Only God knows why he ended up in the lie, he has nothing to do with this attack.”

He explains Ellul even said he ended up being a victim of one of these bombs. The lawyer explains that in the investigation it was never heard that Kevin Ellul was in company of any of the accused in Daphne’s murder.

Ellul no longer suspected of working on bomb

The prosecution lawyer goes on to say Kevin Ellul Double Zero was no longer suspected of being the person who worked on the bombs as if he had been in the device’s vicinity when it exploded, he would have been severely injured. “We know what happened to Romeo Bone and to Daphne Caruana Galizia.”

Different kinds of proof

The lawyer reminds them the proof is what was heard in “this room only”.

He explains there are various types of proof which include direct proof, meaning what a person saw, and felt, then there is the circumstantial proof which is indirect evidence that does not at face value prove a fact.

He says circumstantial proof gives rise to a logical inference that the fact exists. He then mentions hearsay evidence, which means when someone hears that someone else said something about a person.

The lawyer tells the jurors that one is morally convinced only after all proof is laid on the table and evaluated.

“You see which version is credible or not, you see who has the interest in lying and who does not,” he says.

Prosecution lawyer addresses jury

Lawyer Anthony Vella explains to the jury this will be the last time that the prosecution will address them, as the law states that the last word should be of the accused through the lawyers representing them.

Court back in session

Court back in session. The prosecution starts with its 2nd and last address to the court room.

Court is in recess

No more questions are asked and the cross examination ends. The court takes a break until 2:30pm.

Retracting Muscat’s testimony

Prosecution lawyer Godwin Cini refers to the meeting held on 9 October 2019. Cini says that Arnaud in his testimony had said that Azzopardi had asked for Muscat to change his version of events. Arnaud says the word ‘change’ is not the right one; it was to retract Muscat’s testimony. According to Arnaud the reason was because there was a problem with the leaks and because the media was talking about a pardon. Apart from this, Azzopardi had said that Vince Muscat was scared because of the threats he had received.

Arnaud says that there had also been a meeting in which apart from Vince Muscat, Arthur Azzopardi and himself, there was also Vince’s daughter present.

Pardon was reason for meetings

Arnaud is asked by the judge if in the meetings in which all three were present—Vince Muscat, Arthur Azzopardi and Arnaud—the presidential pardon or the €1 million reward were ever mentioned. Arnaud replies that the €1 million reward was never mentioned; only the pardon was. He adds it is obvious the pardon would be mentioned since it was the reason for the meetings.

Arnaud details meetings with Vince Muscat, Arthur Azzopardi

Police Assistant Commissioner Keith Arnaud starts explaining the various meetings, which he had with lawyer Arthur Azzopardi and his client, Vince Muscat. Muscat had wanted to spill the beans and started talking in 2018. Previously, Azzopardi had indicated that there were between two and three meetings.

It has to be pointed out that in 2018 Muscat was in custody awaiting trial, along with George Degiorgio and Alfred Degiorgio, for executing the murder of Daphne Caruana Galizia. Eventually, Muscat pleaded guilty to the charges and was sentenced to 15 years in prison following a plea bargain.

We're back on

The sitting starts again and both Keith Arnaud and Arthur Azzopardi are in the courtroom.

Arnaud to be called to testify again

Defence lawyers ask to make a legal point. The witness and the jury are asked to leave the court room.

Lawyer Ishmael Psaila says, “God forbid I had to ask Dr Azzopardi what I want to ask”, adding that the prosecution have the right to cross-examine the witness but on his testimony; the €1 million reward and not on a ftira.

The reference was to a question asked by the prosecution about Azzopardi being late for a meeting between Arnaud and Muscat, in which reference was made to a ftira which the latter consumed.

The judge says that the prosecution is asking the right questions.

After the legal point is made, Azzopardi is summoned back in. He once again confirms that he never mentioned the €1 million reward to Arnaud.

Prosecution lawyers ask for Arnaud to take the witness stand again.

The judge agrees and postpones the sitting for 15 minutes.

Azzopardi insists €1m reward was news to him

Prosecuting lawyer Godwin Cini asks Arthur Azzopardi about the €1 million reward the government had offered for information on the Caruana Galizia murder.

Azzopardi is asked about his testimony that it was Vince Muscat who first told him about the reward money. The prosecutor points out that the reward had been all over the news.
But Azzopardi insists that at the time he was very busy and hardly knew what was going on. “It was news to me,” Azzopardi tells the court.

He confirms that he never requested the reward for Muscat in writing but only did so by word of mouth.

Cini asks Azzopardi if there was any reason why he had only requested the reward by word of mouth. Azzopardi says there is no particular reason and that it is a normal process.

Cini then changes the subject and asks Azzopardi if he was always present in the meeting between Vince Muscat and Keith Arnaud. Azzopardi says that in the second meeting he attended in the afternoon since he was in court.

Witness speaks of ploy to flush out leakages

The prosecuting lawyer asks Arthur Azzopardi about Vince Muscat’s bail requests. Azzopardi says his client was afraid to eat food in prison, since he feared it could be poisoned.

Asked about what he had told Arnaud that Vince Muscat was going to retract his testimony, Azzopardi insists that he had proposed to Arnaud, to disseminate the news within the police force that Muscat was going to retract what he had said. Azzopardi says it was a way of exposing the source of leaks to the Degiorgio brothers since information was reaching them in some way.

Godwin Cini points out that Arnaud had testified differently about this meeting, saying he was shocked when Azzopardi informed him that his client would be retracting his testimony. Nonetheless, Azzopardi insists on his version of events.

Cini asks Azzopardi whether his client, Vince Muscat, was angered when he spoke to Arnaud about retraction. Azzopardi insists the issue of retraction was never discussed seriously since it was a plot to try and flush out those who were leaking information from within the police force.

Vince Muscat feared acid attack on daughter

Prosecution lawyer Godwin Cini starts cross-examining lawyer Arthur Azzopardi, who is the second witness to testify today. Cini asks Azzopardi to confirm when was the first time he talked to Keith Arnaud, and then to confirm if he had met Arnaud at the University.

Arthur Azzopardi replies that they met in other places but he is not sure, which one came first.

Cini asks him to confirm if in the first two meetings he had mentioned the presidential pardon to Arnaud. Azzopardi replies, “obviously”.

The prosecuting lawyer then asks him to confirm if on 25 April 2018, he had asked for an urgent meeting with Arnaud. Azzopardi confirms.

Godwin Cini asks Azzopardi if at some point, Vince Muscat had mentioned a threat involving acid. Azzopardi replies that Muscat was scared of a threat, saying that acid would be thrown at one of his family member’s face. Azzopardi adds that Muscat was mostly concerned about something bad happening to his daughter.

Muscat spoke to Arnaud

Arthur Azzopardi explains that sometime between October and September of that year, he had asked for an appointment with Arnaud in which Vince Muscat was also present.

Vince Muscat kept being asked if he was sure of what he was saying, Azzopardi says.

Muscat needed the money

Arthur Azzopardi explains that Vince Muscat told him that he needed the €1 million reward money that was being offered by the government for information about the Caruana Galizia murder so that he could pay him and to buy some security cameras.

Lawyer Arthur Azzopardi testifies

The next witness to take the stand is lawyer Arthur Azzopardi, who used to represent Vince Muscat.

Azzopardi says that he had been talking to Vince Muscat in February 2018 on a different case, which was going to be heard in May or June of that year. Azzopardi says that he also had told Muscat that he won’t defend him in regards to the murder of Daphne Caruana Galizia.

Azzopardi says that he told Muscat that he had to talk to the police and that he [Azzopardi] was going to talk to Assistant Commissioner Keith Arnaud, the lead investigator on the Caruana Galizia murder, about the pardon.

Cardona takes the stand

Former minister Chris Cardona takes the witness stand. He is asked why he never took legal action over claims that he had been planning Daphne Caruana Galizia’s murder.

Cardona says that he could not take any legal steps as it was what someone was saying about someone else.

And that is all from Cardona. There are no further questions and he steps off the witness stand.

The testimony is a reference to claims made by star witness Vince Muscat, known as il-Koħħu, who said he heard the Degiorgio brothers speak of a previous plan to kill Daphne Caruana Galizia that fell by the wayside in 2015. The alleged mastermind behind the murder plot was Chris Cardona. The former minister has always denied these accusations.

Addition: Chris Cardona also testified that when he had started hearing his name being linked to a murder plot involving Daphne Caruana Galizia, he went to the police to give a statement.

We are back in the courthouse in Valletta where our court reporter Jaelle Borg will be following proceedings in the ongoing trial by jury of four men accused of involvement in the murders of Daphne Caruana Galizia and Carmel Chircop.

Good morning.