Yorgen Fenech trial: Defence begins presenting its case

After 44 days of prosecution evidence, four or five witnesses are expected to be called to the stand as the defence begins presenting its case

The defence will begin presenting its case on the 45th day of Yorgen Fenech’s trial after the prosecution formally rested its case on Thursday evening, bringing weeks of evidence to a close following emotional testimony from the victim’s son, Andrew Caruana Galizia.

The defence will now begin presenting its case.

‘I didn’t know if she was dead or alive’

Taking the witness stand, Caruana Galizia delivered emotional testimony about his mother’s final months and the day she was assassinated, breaking down as he recalled calling her after being told there had been an explosion.

“I called my mum and she didn’t answer,” he told jurors. “I didn’t know if she was dead or alive.”

He described rushing to collect his father before driving to Bidnija, where he found fire engines and ambulances, and was eventually informed that his mother had been killed.

Caruana Galizia also told jurors that, in the months before her murder, his mother had been working intensively on leaked information concerning Electrogas and was attempting to establish the ownership of 17 Black.

He described an increasingly hostile atmosphere surrounding her, saying she had become reluctant to leave home and would park her car behind an old iron gate because she feared somebody might harm her.

Electrogas, Siemens, and defence objections

Parts of his testimony concerning Electrogas and conversations with Siemens representatives prompted repeated objections from the defence.

The objections sparked heated exchanges between lawyers, with the jury repeatedly sent out while legal arguments were heard.

Judge Edwina Grima ultimately ruled that Caruana Galizia should restrict his evidence to matters he had previously testified about during the magisterial inquiry.

489 headlines on juror tablets

Earlier in the sitting, IT expert Martin Bajada testified over concerns that tablets provided to jurors had displayed news headlines.

He identified 489 headlines over nine days but said he found nothing that could have prejudiced jurors, with the possible exception of one headline concerning Fenech’s request for a presidential pardon.

The tablets are being modified to prevent internet access.

Inspector ends his testimony

The defence also concluded its cross-examination of Inspector Kurt Zahra, questioning him extensively about statements and allegations involving Keith Schembri, Chris Cardona and lawyer David Gatt.

The defence referred to a statement by self-confessed hitman Vince Muscat, in which he claimed Schembri and Cardona were involved and said he had “no doubt” that Daphne Caruana Galizia would still have been killed had Fenech and middleman Melvin Theuma been removed from the equation.

Zahra also told the court that indications were that information about the impending arrests of the alleged hitmen had travelled “through Keith, then Yorgen, then Melvin.”

The inspector was separately rebuked after admitting he had been scrolling through Facebook while still a witness in the proceedings, despite having been instructed to remain isolated from information concerning the trial.

With Zahra’s testimony concluded and Caruana Galizia stepping down from the witness stand, prosecutors announced that they had no further evidence to present.

The prosecution is being led by AG lawyers Godwin Cini, Anthony Vella, and Danika Vella, alongside Assistant Commissioner Keith Arnaud and Inspector Kurt Zahra.

The defence is led by lawyers Giannella de Marco, Charles Mercieca, and Gianluca Caruana Curran.

Lawyers Therese Comodini Cachia and Jason Azzopardi are appearing parte civile for the Caruana Galizia family.

Madam Justice Edwina Grima is presiding over the jury.