LIVE | Prosecution to continue cross-examination of Yorgen Fenech

09:31

Judge instructs prosecution not to refer to private lives of individuals

Judge Edwina Grima reiterates that cross-examination may cover matters raised during the examination-in-chief, but may also be used to challenge the credibility of a witness.

Referring to the law governing the cross-examination of Yorgen Fenech, the judge says the prosecution may rely on the exceptions provided for at law where the relevant conditions are met.

However, Grima stresses that the prosecution must not refer to facts concerning the private lives of individuals who have nothing to do with the proceedings.

And with that matter settled, jurors are called in.

Eva Brannon

09:30

Prosecution rejects claims, attacks defence's motives

Prosecutor Anthony Vella rejects the defence’s claims, insisting that the prosecution is conducting its cross-examination in line with the court’s ruling.

Vella says it is once again clear that the defence does not want to accept the court’s decision and is placing its objections on the record in the hope that the court will somehow vary or reverse the ruling it delivered two days ago.

Eva Brannon

09:29

Further concerns raised by the defence

The defence also argues that the prosecution was still failing to comply with the provisions of the Criminal Code governing cross-examination despite directions given by Judge Edwina Grima during Saturday’s sitting.

Defence lawyer Charles Mercieca said the prosecution continues to refer to WhatsApp chats whose contents had not been raised during the examination-in-chief.

He also objected to questions which, he argued, could portray the accused as being of bad character or suggest that he may have committed an offence for which he is not standing trial.

Mercieca said the prosecution’s continued failure to abide by the court’s directions was causing prejudice to the defence.

The defence therefore called on the prosecution to strictly observe the law and the court’s orders.

Eva Brannon

09:26

Defence raises concerns on TVM programme

The defence further claims that a water polo programme on TVM also discussed the jury.

Eva Brannon

09:26

Photo circulating shows ex-commissioner Lawrence Cutajar swimming in hotel pool where the jurors are residing

The prosecution opens Monday's sitting by expressing concerns an image which was reported on a news portal, showing ex-commissioner Lawrence Cutajar swimming in the same pool in the hotel where the jurors are residing.

The prosecution says it is even more concerned that this image was sent to the defence.

On the other hand, the judge is concerned about Cutajar knew which hotel to go swimming at.

Grima also said she does not want the person who sent the defence the photo of Lawrence Cutajar to be named in open court.

The court affirms that that the jurors’ security is being safeguarded and the story has been closed.

Eva Brannon

09:22

Judge enters

Hall 22 is getting ready to kick off today's sitting as Judge Edwina Grima takes her seat at the front of the courtroom.

The hall itself is packed with lawyers and anticipation.

There everyone sits, waiting for the jurors to enter.

We'll begin any minute now.

Eva Brannon

09:18

Good morning

Good morning and welcome back to MaltaToday's live coverage of Yorgen Fenech's trial where he faces charges surrounding his alleged involvement in the murder of journalist Daphne Caruana Galizia.

Our court reporter Julia Dowling tells us that Hall 22 is packed this morning, while the queue to enter gets longer by the minute.

And there's a reason for that. Fenech himself has been giving his testimony for the last two sittings, detailing his relationships with Keith Schembri and Melvin Theuma, along with providing his own recount of the years and months preceding the murder.

He'll be back on the stand today.

While we wait, click here to catch up on what happened in the last sitting.

Eva Brannon

Yorgen Fenech will return to the witness stand on Monday morning as prosecutors continue their cross-examination of the businessman accused of complicity in the murder of journalist Daphne Caruana Galizia.

The trial resumes after a lengthly Saturday sitting, during which prosecutor Godwin Cini began cross-examining Fenech following the conclusion of his testimony under questioning by his defence lawyers.

Saturday’s sitting culminated in Fenech directly naming former prime minister Joseph Muscat’s chief of staff Keith Schembri as the alleged mastermind behind Caruana Galizia’s assassination.

But the day also saw prosecutors scrutinise Fenech’s relationships with senior public officials, his communications with police officers and political figures, his ownership of 17 Black, payments made to self-confessed middleman Melvin Theuma, and messages in which he warned Theuma about developments in the murder investigation.

‘Keith Schembri is the mastermind’

One of the most significant moments of Saturday’s sitting came late in the afternoon, when Judge Edwina Grima questioned Fenech directly about Theuma’s apparent position of power.

When asked why Theuma had felt so powerful, Fenech said the middleman “had access”.”

“Theuma knows who the mastermind is; he will need to get it off his chest one day or another,” Fenech told the court.

When Grima asked him whether he knew who that mastermind was, Fenech replied: “Keith Schembri, Madam Justice.”

Cini challenged Fenech on whether this was simply an assumption, but the accused insisted it was not.

Fenech said Theuma had “drained” him of €450,000 and told the prosecution: “His fingerprints are all over it, you're just not seeing it.”

Earlier, Fenech had also testified about two letters he said Schembri sent him through doctor Adrian Vella while he was on police bail in November 2019.

He said he had attempted to confront Schembri using a burner phone after receiving the documents.

“I realised what was happening, but I still held out some hope. I didn’t think he would do this to me. He played me,” Fenech told jurors.

Fenech denies paying for Caruana Galizia’s murder

Before the prosecution began its cross-examination, defence lawyer Gianella De Marco wrapped up Fenech’s direct testimony by addressing the central allegation against him.

When asked whether he had paid to commission Caruana Galizia’s murder, Fenech replied: “Never. I did not pay a dime for the murder.”

He maintained that the substantial sums he later gave Theuma were intended to keep the middleman calm and under control.

During cross-examination, however, Fenech acknowledged passing around €450,000 to Theuma, which the prosecution suggested was then passed on to Caruana Galizia’s killers.

“Yes, he drained me of money,” Fenech replied.

Fenech also described occasions on which he felt threatened by Theuma, including an encounter where the middleman allegedly placed a firearm on a table.

“He never told me, ‘I am going to shoot you,’ but he had a tactic of dropping hints to make you feel threatened,” Fenech said.

Fenech admits warning Theuma about police raid

The prosecution also confronted Fenech with messages concerning information passed to Theuma about the murder investigation.

Fenech confirmed that he had warned Theuma about an impending raid on Caruana Galizia’s killers and told him to inform the Degiorgio brothers that Vince Muscat, known as Il-Koħħu, was revealing information.

When asked whether he had done so to hinder the investigation, Fenech replied: “It was a mistake. It wasn’t my intention.”

He also faced questions about messages suggesting a foreign-number mobile phone would be smuggled into prison.

Fenech insisted those promises had been a “bluff” intended to calm Theuma down.

“I was buying time,” he said.

Court limits prosecution’s cross-examination

Saturday’s sitting was repeatedly interrupted by legal arguments over how far the prosecution could go in questioning Fenech about his relationships with public officials.

The issue arose after prosecutors produced chats involving former Planning Authority CEO Johann Buttigieg and former Bank of Valletta chairman Deo Scerri, as Cini sought to challenge Fenech on the influence he wielded and the people he could access.

Defence lawyer Charles Mercieca objected, arguing that the prosecution was straying beyond the murder case and effectively seeking to portray Fenech as having committed other offences.

"Yorgen Fenech is accused of being an accomplice to a murder," Mercieca told the court. "Full stop."

The court eventually ruled that cross-examination must concern matters raised during Fenech’s direct testimony or questions directly relevant to his credibility.

It ruled that chats concerning unrelated alleged offences could not be used simply to suggest that Fenech had committed other crimes.

17 Black and Daphne Caruana Galizia’s reporting

With the jury back in court, Cini turned to 17 Black, the Dubai company owned by Fenech that had featured prominently in Caruana Galizia’s reporting.

Fenech acknowledged that Caruana Galizia was, to his recollection, the first journalist to write about 17 Black and said he used to read her blog.

He maintained, however, that allegations surrounding the company were untrue.

Later, prosecutors produced 2019 messages exchanged between Fenech and then tax commissioner Marvin Gaerty in which Fenech referred to Caruana Galizia as a "witch."

Asked why he had used the description two years after her murder, Fenech said it was "an ugly nickname that was commonly used in certain circles."

"I know it's not nice, Dr Cini," he said.

Fenech also confirmed ownership of 17 Black after the prosecution returned to questions he had declined to answer during his police interrogation.

“I am not denying it,” he said.

Contacts with senior police officials

The prosecution later shifted its attention to Fenech’s relationships within the police force.

Fenech confirmed that he had a close friendship with former deputy police commissioner Silvio Valletta, who was involved in the Caruana Galizia murder investigation until 2018.

He acknowledged travelling with Valletta and confirmed that his children jokingly called the senior police officer "Uncle Silvio," but denied ever abusing the relationship.

Fenech also confirmed that he knew Valletta was leading the homicide investigation until his removal in 2018.

The prosecution then questioned Fenech over communications with former anti-money laundering police chief Raymond Aquilina.

Fenech confirmed using the encrypted messaging application Signal to communicate with Aquilina but said he could not remember what their conversations were about.

Asked directly by Grima whether he had ever discussed Theuma with Aquilina over the phone, Fenech said no.

Messages with Joseph Muscat and Konrad Mizzi

Towards the end of the sitting, prosecutors turned to Fenech’s communications with former prime minister Joseph Muscat and former energy minister Konrad Mizzi.

Cini produced a January 2019 exchange in which Fenech told Muscat that his phone had been stolen in the United States and that he had "erased everything remotely."

When asked what he meant, Fenech said he could not remember.

The prosecution then displayed messages with Mizzi in which the former minister instructed Fenech to “delete WhatsApp” and referred to deleting messages from a laptop.

Fenech again said he could not remember whether he had deleted the data.

When Cini contrasted that lack of recollection with detailed memories Fenech had given during his testimony, including about cooking lamb, the accused replied: “A mobile phone is very different from a lamb.”

Cini also questioned Fenech about a photograph he had sent Mizzi showing the number 17 against a black background at a football stadium.

Judge Grima asked whether it was a reference to 17 Black and Mizzi, but Fenech denied any connection, saying the company had been heavily featured in the media at the time.

Fenech recounts arrest and prison conditions

Earlier on Saturday, before the prosecution began its cross-examination, Fenech concluded his evidence under questioning from his defence team.

He revisited his November 2019 arrest aboard his yacht Gio, rejecting claims that he had been attempting to flee Malta.

“The thought of escaping never even crossed my mind,” he told jurors, saying the yacht was fully traceable and that its departure had been communicated to Valletta Port Control.

He also described his mental and physical state following his arrest, saying he suffered severe anxiety and had relied heavily on drugs as a coping mechanism. 

Fenech went on to describe being held in solitary confinement from 30 November until early January, claiming he spent 23 hours a day in a cell with little more than a piece of foam on the floor.

He stressed that he did not believe those conditions represented ordinary prison treatment.

Before his defence formally concluded its examination, Fenech addressed the jurors directly.

“I want to apologise to you for keeping you away from your families,” he said. “I know what that feels like. I trust that your decision and your verdict will bring justice to all, my family and all.”

The defence concluded its examination shortly before 10 am, paving the way for Cini to begin the prosecution’s cross-examination.

The trial resumes, with Fenech expected to remain on the witness stand as the prosecution continues its cross-examination.

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.