Maksar gang trial: A jury that has seen criminals, a lawyer and a former minister testify

It’s been a month of jury proceedings in the Maksar gang trial, which witness testimony after witness testimony, is coming closer to a final verdict.

The trial by jury of the four men charged with the murders of Daphne Caruana Galizia in 2017 and Carmel Chircop in 2015 continued this week before Madam Justice Edwina Grima. 

The accused are brothers Robert and Adrian Agius, known as Tal-Maksar, and their associates Jamie Vella and George Degiorgio, known as Iċ-Ċiniż.

Vella and Robert Agius 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, while Vella and Degiorgio are accused of  executing Chircop’s murder.

All four deny the charges against them.

Apart from forensic evidence, the prosecution has pinned its case on the testimony of star witness Vince Muscat, known as il-Koħħu. Muscat is currently serving a 15-year jail term after admitting his involvement in the Caruana Galizia murder, following a plea bargain. He was subsequently granted a presidential pardon to tell all about the Chircop murder. Muscat has also testified at length about the planning and execution of the Caruana Galizia murder.

Poking holes in the star witness’s credibility

This last week has seen defence lawyers trying to poke holes in the prosecution’s case, primarily by trying to challenge Muscat’s credibility.

Defence lawyer Nicholas Mifsud, who is representing Adrian Agius, argued Muscat’s testimony was incoherent and inconsistent. He also blamed the police for not pursuing alternative leads in the murder investigations.

The lawyer highlighted the absence of direct evidence linking Adrian Agius to the murder of Carmel Chircop, pointing out that the prosecution’s case was based on circumstantial evidence.

The lawyer also told jurors the alleged motive behind Chircop’s murder, a €750,000 debt Agius owed Chircop, was insufficient to warrant murder. He noted Agius had pursued a civil case to nullify the debt contract after Chircop's death, indicating a legal approach.

Muscat’s testimony was also challenged by defence lawyer Leslie Cuschieri, representing George Degiorgio. He said Muscat’s willingness to cooperate with the authorities stemmed from his motive to get a reduced sentence.

Site visits and the last man to see Daphne alive

Throughout proceedings, jurors were shown graphic photos taken by the police’s forensic team of the two murder victims. They were also taken on two visits to various sites connected with both murders—the Bidnija lookout, in the outskirts of Mosta, where the hitmen observed Caruana Galizia’s house; the garage complex in Birkirkara, where Chircop was shot dead; the Marsa area where the weapon used in the Chircop murder was dumped in the sea; garages in Naxxar and Santa Venera, used by the accused to store the bomb that killed Caruana Galizia.

Police officers involved in the investigation took the witness stand to recount what they had seen and done as part of the investigations into both murders. Possibly the most heart-wrenching testimony was that of farmer Francis Sant, who was the last person to see Caruana Galizia alive. Sant was travelling in his vehicle in the opposite direction of Caruana Galizia’s, when he heard a small explosion, followed by screams and then a second much larger explosion that turned the journalist’s car into a ball of fire.

Matthew Caruana Galizia also took the witness stand earlier in May, describing his state of shock when realising that the burning car was his mother’s. Just minutes before, Matthew had been sitting at the same table with Daphne at their home, metres away from the fatal blast. Matthew recounted how he saw his mother’s butchered leg strewn on the ground as he helplessly looked at the horrific scene in front of him.

The jury also saw Kevin Ellul, known as Double 0, testify. Ellull, who gravitated in criminal circles, was the victim of a bomb blast at his Għargħur farmhouse in 2018. The defence tried to suggest that Ellul may have been involved in the bomb that killed Caruana Galizia, even though he testified that he refused to do so. Ellul blamed the Tal-Maksar brothers for the bomb at his farmhouse.

A former minister and lawyer testify

Ostensibly, the person with the highest profile to take the witness stand was former Labour minister Chris Cardona last week. Cardona only testified for a few minutes in relation to Vince Muscat’s claim that the ex-minister had been involved in a 2015 aborted plot to kill Caruana Galizia.

Muscat had claimed Cardona had approached the Degiorgio brothers through a third party, settling on a price of €150,000 to kill the journalist. She was an incessant critic of Cardona.

Investigators have always treated Muscat’s claims regarding Cardona with caution since most of the information about the aborted plot was based on hearsay evidence—Muscat relied on what he was told by the Degiorgio brothers.

Cardona told the court he had reached out to the police when the claims first surfaced in 2021 to give a statement and distance himself from the allegations. Cardona denies any such involvement.

When asked why he had not taken legal action against Muscat, Cardona said he could not do so because the claims were based on hearsay.

He went on to tell jurors that he had not participated in cabinet discussions on presidential pardons after being linked to the murder.

Another high-profile witness was lawyer Arthur Azzopardi, a renowned lawyer in the criminal field who used to represent Vince Muscat in 2018 and 2019. Azzopardi had been involved in meetings over a presidential pardon for his former client.

He told jurors that he and Muscat were becoming increasingly concerned the Degiorgio brothers, who along with Muscat were in custody awaiting trial at the time, got to know that the star witness was speaking to the police. A proposal by the lawyer to send Vince Muscat abroad in a witness protection programme faltered, Azzopardi told jurors, since he could only speak Maltese.

On several occasions, Azzopardi’s testimony conflicted with that of other witnesses in the case, chiefly Muscat and lead investigator Keith Arnaud.

Muscat claimed it was Azzopardi who first raised the idea of requesting a €1 million reward for information on the Caruana Galizia murder. Azzopardi, however, maintained it was Muscat who brought it up and said he was unaware the reward even existed.

Both Azzopardi and Arnaud confirmed that during a final meeting held in October 2019, Azzopardi mentioned the possibility of getting Muscat to retract his testimony. However, they disagreed on the reasoning behind the suggestion.

Arnaud said Azzopardi’s proposal even took Muscat by surprise. Muscat insisted he was standing by his version of events because “it is the truth”.

Azzopardi said the idea to retract the testimony was intended as a red herring to help identify who was leaking information about the discussions from within the police force.

The two also disagreed on what was said during a private conversation between them about Muscat receiving the €1 million reward.

Arnaud said he had outright rejected the idea and claimed Azzopardi then threatened to withdraw Muscat as a witness.

Prosecution stands by Vince Muscat

The prosecution has forcefully stood by Vince Muscat’s testimony that links all four accused to both murders.

Addressing the jury last week, prosecuting lawyer Anthony Vella said Muscat’s account of both the 2015 killing of lawyer Carmel Chircop and the 2017 assassination of journalist Daphne Caruana Galizia aligns with concrete evidence, including CCTV footage, phone data, and autopsy results.

In the Chircop case, jurors were shown crime scene and autopsy photos to support Muscat’s claim that the shots were fired from a car. The bullet trajectories confirmed Muscat’s version, the prosecution insisted.

Under heavy security, the convoy of vehicles carrying jurors, the accused, lawyers and other people connected with the trial, making its way to the Birkirkara garage complex where Carmel Chircop was murdered. (Photo: James Bianchi/MaltaToday)

Anthony Vella argued that the defence’s attempt to cast doubt on their clients’ roles fails when weighed against this evidence.

Turning to the Caruana Galizia murder, the prosecution showed how phone data tracked burner phones used by the hitmen, including the mobile phone that sent the fatal detonation message.

The location of the bomb’s sim card was also linked to properties tied to the accused. The prosecution explained that DNA evidence and Melvin Theuma’s corroboration further supported Muscat’s account. Theuma was the middleman between the Degiorgio brothers and alleged Caruana Galizia murder mastermind, Yorgen Fenech, who is awaiting trial.

“Why would Vince Muscat point his finger at the accused if they weren’t involved?” Vella asked jurors, urging them to see the evidence as a checklist that leads to a clear conclusion of guilt.

With the case nearing a climax, the coming days will determine where the jury vote will swing in what is one of the most important trials in Maltese criminal history.