LIVE | Yorgen Fenech says Keith Schembri handed him Europol report on murder suspects
From the witness stand, Yorgen Fenech tells the court that Keith Schembri sent him a sensitive Europol report on the Daphne Caruana Galizia murder suspects • Fenech sheds light on his ties with politicians
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.

Proceedings resumes with defence claiming accused being embarrassed
Judge Edwina Grima returns to the courtroom, and before jurors enter, defence lawyer Charles Mercieca raising an objection over some of prosecutor Godwin Cini’s questions, which he argues are intended to embarrass the witness.
Mercieca also objects to the prosecution referring to material, including CCTV footage, which he says does not form part of the acts of the case.
Judge Grima says the court is intervening and directing Cini whenever necessary.
Court intervenes when prosecution asks about accused's intimate relationship with former CCF head of strategy
GC: Would I be correct in saying that you have a relationship with this person? (Svetlana Muscat)
Fenech: I have a relationship with her because I feel very sorry about how things ended up.
GC: So you feel sorry for her. Would I be correct in saying that you had an intimate relationship with this person?
“Move on, Dr Cini,” the judge intervenes.
The court will take a short break.
Accused says irregular meeting at CCF's head of strategy's office was 'a blatant lie'
GC: Did you go to the office of the CCF's head of strategy for meetings? Without permission
“That was a blatant lie. I deny it,” Fenech replies.
“Are you lying about this too?” Cini asks.
Fenech says that whenever inmates needed to request something concerning their daily routine, they would ask to meet her. He recalls being in the prison gym when an officer told him that Ms Muscat had sent for him.
“When we went up to the office, "Reuben ta’ Fonzu" happened to be there. I knew him, and we spoke about normal things,” Fenech says. He adds that he was later sent for at the police depot.
GC: So did you enter with permission?
“I didn’t go there without authorisation. She sent for me,” Fenech replies.
When asked how such permission was obtained, Fenech insists that “tens of inmates” would go to the office and that he was not treated differently. He adds that he was escorted there.
GC: Tens of inmates?
Cini questions Fenech about the meeting with the businessman. Fenech says their conversation was casual and concerned an election taking place at the time.
The prosecution then asks whether the CCF's head of strategy was subsequently placed on forced leave and transferred in connection with the matter.
Fenech says he is aware there was an investigation but knows nothing more about it.
Note: Correctional Services Agency Head of Strategy Svetlana Muscat was placed on forced leave after she was interrogated. Muscat was allegedly allowing people in into her office in prison to meet with Yorgen Fenech. Muscat was found "not criminally liable" and no criminal proceedings were initiated.
Yorgen Fenech claims he was one of the most controlled inmates in prison
Prosecutor Godwin Cini challenges Fenech over his claim that he frequently acted as an intermediary between Melvin Theuma and Keith Schembri.
“You want us to believe, Mr Fenech, that Melvin Theuma was going through all of this because of Keith Schembri, yet had no direct line of contact with him, so he would message you and you would pass it on to Schembri. Do we agree?” Cini asks.
“No, we don’t agree,” Fenech replies. “I found myself between them in many situations. I was... and it was a mistake on my part... between Keith and Melvin.”
“That’s what you’re saying, Mr Fenech,” Cini retorts. Cini asks whether Fenech acted as an intermediary between Theuma and Schembri when it came to information about the murder investigation.
“Yes,” Fenech replies.
Cini then refers to a problem involving a wall on a field.
YF: As if I'd speak to the chief of staff of the government about an issue about a boundary wall ? As if..
GC: Mr Fenech, am I correct in saying that you had the power in prison?
YF: Surely not.
GC: Am I correct In saying that from your mobile extraction, there were three foreign SIM cards.
YF: Those are WIFI cards that we use on the boat when we travel. Surely had no foreign numbers.
GC: But we found two MISDIM numbers, in your Iphone, we found three foreign ICCID’s and two foreign MISDIMs. So you reject the fact that you had foreign SIM cards?
YF: I had no foreign SIM cards, if you’re referring to the ones we used on the boat, then yes. I was one of the most controlled people in prison, I think….I’m currently in, and was in the division where I was only allowed out for an hour a day. I was controlled in prison. My psychotherapist even said it; we had filed a complaint
GC: One of the most controlled? He raises his eyebrows in surprise.
Yorgen Fenech received confidential court decree from Keith Schembri
Prosecutor Godwin Cini refers to a January 2019 chat between Yorgen Fenech and Keith Schembri.
Schembri sent Fenech a photograph of a decree by Magistrate Francesco Depasquale, writing: “Confidential… because it has not been issued yet."
The decree concerned an application filed by former PN leader Simon Busuttil and MEP David Casa against Schembri, Konrad Mizzi, Karl Cini and Brian Tonna. It reversed an earlier decision by Magistrate Ian Farrugia ordering an inquiry in connection with 17 Black.
Cini points out that the photograph was sent on the same day as the voice note about 17 Black played earlier in court.
“Am I correct in saying that this had not yet been signed and delivered in open court?” Cini asks.
“Ask the person who sent it to me,” Fenech replies.
GC: So you used to receive leaks from the court itself? Even those you weren’t involved in
YF: Never; ask Keith if you want.
Cini then produces another January 2019 exchange between Fenech and Schembri, in which Fenech forwarded a screenshot of a conversation he had had with Melvin Theuma.
In the message, Theuma told Fenech that someone called “the architect” had received a call from Castille to arrange an appointment for the following day. Fenech maintains that at the time, he was being blackmailed by Theuma.
Schembri replied to the screenshot: “Castille???”
Cini questions why Theuma would have contacted Fenech rather than Schembri if what he needed concerned Castille.
“At the time, I was the go-to between them,” Fenech replies.
Cini asks whether, according to Fenech’s version, Theuma had carried out the murder for Schembri over a problem involving a field, yet still contacted Fenech about the Castille matter.
Fenech replies that he himself did not understand what Castille had to do with it.
Fenech insists he was unbothered by reports on his Electrogas holdings
Prosecutor Godwin Cini questions Yorgen Fenech about a leak concerning a company in which he held a 4% stake, Electrogas.
GC: Would I be right in saying that you were upset or panicked to find out about these leaks?
YF: I wasn’t panicked; I had people that I trusted that took care of the system.
Fenech adds that had a legal obligation to take action. “I didn’t file the complaint; the company did,” he says.
When asked again whether he was panicked about the leak,
Fenech replies: “I didn’t lose any sleep over it.”
Accused claims he handed Melvin Theuma €450,000
GC: In your statement, you said you handed over €450,000 because Melvin Theuma told you Mario Degiorgio was asking for money to cover various expenses.
YF: Yes, that’s what Melvin used to tell me. The amount included €60,000 for bail. I remember asking him why they were demanding the money before bail was granted rather than afterwards.
Yorgen Fenech says Keith Schembri sent him sensitive Europol report on murder
Prosecutor Godwin Cini now refers to a photograph found on Yorgen Fenech’s mobile phone containing a list of names, including Robert Agius, Adrian Agius, known as 'Tal-Maksar', Jamie Vella, George Degiorgio, Alfred Degiorgio, Vince Muscat, Kevin Falzon, David Gatt, Ramon Guzman and Aaron Cassar.
Details of their alleged involvement in the assassination appeared alongside their names, as the photos were part of a Europol report named 'High Value Targets.'
“Do you confirm that this photograph was on your mobile phone? How did a sensitive Europol report end up on your phone?” Cini asks.
“Keith Schembri, definitely,” Fenech replies.
When asked why he had kept it, Fenech says he does not know.
“If I received it, Keith sent it to me, 100%,” Fenech says.
Fenech also claims Schembri had told him to alert Melvin Theuma, so that Theuma could warn the Agius brothers that the police knew the bomb had been made at their premises.
“Keith had told me to warn Melvin, yes,” Fenech says.
Court hears Yorgen Fenech mocking Simon Busuttil
A voice note sent to the "NO VALLETTA NO PARTY" group chat is played in court: the voice is heard saying, “Today’s thought of the day is for Simon Busuttil. You can hold protests and bring people out onto the streets, go to court 27 times... you can go fuck yourself.”
“Is that your voice?” prosecutor Godwin Cini asks.
“It could be,” Fenech replies.
The prosecution asks whether the recording was connected to 17 Black, but Fenech says the group was one where members regularly joked around: “let me just say that this was a group chat filled with dumb jokes. Whether you agree with the jokes or not, we can discuss, but I don’t remember if it was about 17 black.” Fenech responds.
Cini asks whether the voice note was linked to former PN leader Simon Busuttil’s attempts to have an inquiry opened into 17 Black.
“I sent it with a light spirit cause I thought it was funny, that’s all,” Fenech replies.
'I even helped Jason Azzopardi'
Fenech takes a jab at the parte civile lawyer, explaining that when he said he 'helped everyone,' this included Jason Azzopardi. He did not elaborate on this comment.
The prosecution is now asking Fenech about a chat group named “NO VALLETTA NO PARTY.”
The group included Fenech, a user named “Fraud”, who was listed as an administrator; Fenech says he has no idea who this person is.
Joseph Cuschieri, Keith Schembri and Silvio Valletta were also listed as group administrators. Another member was saved as “Kenazz”, whom Fenech identifies as Keith Schembri’s secretary, Kenneth Azzopardi.
The court is expected to hear a recording that was sent to the group. Court-appointed expert Martin Bajada is trying to locate the recording.
'Many people asked me for help'
Prosecutor Godwin Cini turns his attention to another former cabinet member at the time of the murder, this time referring to Edward Zammit Lewis.
The former minister's relationship with the alleged murder mastermind was under scrutiny following Fenech's arrest, especially after chats between the two emerged.
GC: Were you good friends with Dr Edward Zammit Lewis?
YF: Yes.
GC: And he was Minister of Tourism at the time?
YF: We were friends before that.
GC: Had he ever contacted you to ask you for help with someone?
YF: Show me the proof.
GC: Would you have denied a request like that?
YF: Many people asked me for help
GC: And you felt that these people you helped were in your debt?
YF: Never.
GC: But yesterday you admitted that you abused of a person.
The defence objects, saying that these were not the same circumstances
YF: I said I changed the way I communicated.
Messages show Rosianne Cutajar asking for Fenech's help in parliament reshuffle
Cini refers to a specific message from 18 June 2019.
GC: "Am I correct in saying that, in this message, Rosianne Cutajar wanted your help in the parliament reshuffle? Why was she saying this?"
YF: "Maybe I heard something."
GC: "Is she asking you these things because of your contacts in parliament?"
YF: "No, she was asking me because we were close."
GC: "But you had heard something?"
YF: "I could have heard something."
GC: "So people in politics spoke to you?"
YF: "I just heard generally."
Yorgen Fenech and Rosianne Cutajar
The prosecution continues the cross-examination of Yorgen Fenech, turning first to his relationship with Equality Minister Rosianne Cutajar.
Prosecutor Godwin Cini (GC): “"I’m going to refer back to messages on WhatsApp, where I was asking you your relationship with certain people. I'm going to refer to you to a chat between you and Rosianne Cutajar, who is saved as ‘Rosianne Mayor’ on your phone. Am I correct in saying that she was a member of parliament in this time you were messaging?"
Yorgen Fenech, speaking in a low voice: "Yes."
GC: "Did you ever send her gifts?"
YF: "It could be."
Fenech proceeds to explain that Cutajar was saved in his phone as Qormi's mayor. He says this is how he got to know Cutajar, especially since his family is from the village.
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.
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.
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.
Defence raises concerns on TVM programme
The defence further claims that a water polo programme on TVM also discussed the jury.
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.
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.
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.