Yorgen Fenech trial: Prosecution picks apart accused’s testimony as cross-examination intensifies

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‘I’m committed now’

The court is shown part of Fenech’s police interrogation after prosecutor Godwin Cini says Fenech had told Melvin Theuma “OK”.

Fenech disputes this, insisting that the “OK” was directed at Keith Schembri, not Theuma.

The prosecution therefore asks for the relevant audio-visual clip from the interrogation to be played in court.

Fenech explains his version of events after the clip is shown.

“I hadn’t spoken to Melvin, no. First, I told him ‘OK’. Two days passed, then I told him to stop, and he told me, ‘I’m committed now’,” Fenech says.

He clarifies that the “OK” was said to Keith Schembri, while the instruction to stop was later given to Melvin Theuma, referring to stopping the alleged murder plan.

Prosecution seeks to find part of police interrogation

Yorgen Fenech says comments are being made in the hall are not respectful.

“I’ve been waiting seven years to speak” he says. “I can’t be interrupted any longer.”

We are now listening to the interrogation of Yorgen Fenech with Inspector Kurt Zahra, as there is a missing part of the interrogation in the transcript.

The prosecution cannot seem to find the part of the transcript they need.

The court suggests they find it and continue questioning tomorrow, but the prosecution insists on listening to the clip now.

The prosecution continues sifting through the interrogation with IT expert Martin Bajada.

‘Why was the Tumas Group CEO acting as postman between the OPM chief of staff and a taxi driver?’

Godwin Cini: “I’m going to make many small questions to you, answer yes or no.

Melvin Theuma gave you a price €120,000 for Daphne’s murder?”

Yorgen Fenech (YF): “Yes and I said ‘I'll speak to you’ to Melvin.”

GC: “So, then you went to speak to Keith Schembri and Keith told you ‘mexxi mexxi mexxi’?”

YF: “I told him ‘ok’ because I was on the phone and I was abroad, I was going to come back and ask for more details, but I never passed the word on to Melvin Theuma.”

“Keith Schembri was hellbent on getting it done,” he adds.

Cini then asks why the CEO of the Tumas Group ended up acting as a “postman” between a taxi driver and the prime minister’s chief of staff.

“Yes, that is what ended up happening,” Fenech replies.

'It was €120,000 and it went up to €150,000'

Prosecutor Godwin Cini refers to inspector Kurt Zahra’s questioning of Fenech, saying Theuma had returned to him and said the total price was €150,000, €30,000 upfront and a further €120,000 afterwards.

Fenech disputes the sequence, saying: “Yes, it was €120,000 and then it went up to €150,000 afterwards.”

“At that point, I wasn’t involved,” Fenech insists. “I found out about it later.”

Questioning turns to price paid for Caruana Galizia hit

The questioning turns to the price allegedly paid for Caruana Galizia’s murder.

The prosecution points out Melvin Theuma, Vince Muscat and George Degiorgio have all spoken of the €150,000 payment.

“That shows you how uninvolved I was,” Fenech replies, pointing to the discrepancy between that figure and the €120,000 previously mentioned to him.

YF:” I heard it was more I heard it had cigarettes involved as well… ask Keith and Melvin.”

Fenech trusts court, not investigation

Yorgen Fenech returns to the witness stand.

Fenech reiterates he did not feel comfortable with the atmosphere in the interrogation room and had no trust in the investigation.

He says he has never spoken publicly about the case despite having opportunities to speak to journalists, because he wanted to give his version in court.

Fenech again says he had no trust in the inspector questioning him or in what was happening inside the interrogation room, but insists that he does trust the court.

Another point of law raised

The defence raises a point of law, and jurors are asked to leave the courtroom. The defence is arguing the prosecution’s questioning amounts to “badgering” and insisting Fenech was entitled to answer as he did.

Moreover that the prosecution has been going on about the same point for around half an hour; specifically mentioning the “at the right moment” comment. It should stop passing extra comments,

Judge Edwina Grima, seemingly tired of bickering by lawyers from both sides, says the prosecution is entitled to question Fenech about the money now that he has chosen to take the witness stand.

“He has to submit to questioning, once he chose to testify,” the judge says. Jurors are asked to get back into the courtroom.

No more McDonald’s for Yorgen Fenech after he mentioned Keith Schembri

Cini then reads from Fenech’s interrogation, in which an inspector had asked him about the reference to “your share” and whether Theuma was asking him to provide €120,000.

Fenech had replied “yes” when asked whether Theuma had told him they would speak later.

Fenech says that during the interrogation he felt betrayed and hurt by Keith Schembri.

“You married a lie by Melvin Theuma and a cover-up for Keith Schembri into a frame-up against me,” Fenech tells the prosecution. “The second I mentioned Keith Schembri

“That’s how I feel,” he adds.

A glass of water topples over on the defence desk.

GC: “Am I correct in saying you said six times: ‘I'll answer at the right moment’”.

YF: “You want me to count them?”

YF: “I wasn’t comfortable with the atmosphere in the room.”

Fenech criticises Inspector Kurt Zahra’s handling of the investigation, saying he was “not up to the job”.

“He showed through his testimony that he is not up to the job,” Fenech says, referring both to Zahra’s questioning during his interrogation and his testimony in the trial.

Fenech describes the atmosphere during his interrogation as “very hostile”. He says that at first, investigators treated him well and even brought him McDonald’s, but claims their attitude changed completely once he began mentioning Keith Schembri.

‘She had a blog, she was a journalist’

Godwin Cini (GC): “But you knew Daphne Caruana Galizia well?”

Yorgen Fenech (YF): “I knew she had a blog; I knew she was a journalist.”

Cini returns to the €120,000 mentioned in Fenech’s police statement, focusing on the wording allegedly used by Melvin Theuma.

“Am I correct that he told you ‘your share’, not ‘your collective share’?” Cini asks.

“He put me in the same box as Keith. Keith put me in the net,” Fenech replies.

The prosecution argues that had Theuma been referring to more than one person, he would have used the plural rather than the singular.

Fenech counters that otherwise Theuma would not have told him, “We’ll speak.”

Fenech’s alleged role as intermediary between Melvin Theuma and Keith Schembri

Prosecutor Godwin Cini continues to question Fenech over his alleged role as an intermediary between Melvin Theuma and Keith Schembri.

Cini refers to an incident in 2019, when Theuma needed help resolving an issue involving an architect, and asks why Theuma once again turned to Fenech.

“Keith Schembri was very good at hiding his hands,” Fenech replies, insisting Schembri used several people and not just him.

When Cini points out the evidence shows Theuma approached Fenech in this instance, Fenech says there is also evidence that Theuma went to Schembri, referring to a photograph and testimony which he says corroborate this.

When asked whether Theuma went to Castille on his instructions, Fenech denies.

Cini then returns to Fenech’s police statement and reads from the section concerning the episode where Fenech returned from London and what he allegedly told Theuma after he picked him up.

“I agree that I said that here, but I corrected it later,” Fenech replies.

The prosecution then presses Fenech on what he knew about the people who were to carry out Daphne Caruana Galizia’s murder.

Cini asks whether, when Theuma mentioned the €120,000 payment, Fenech still did not know who the alleged hitmen were. Fenech says he did not know any of them and insists he never learned their identities.

He says the only information he had to pass on to Theuma was that police were going to arrest people linked to the Potato Shed.

Cini challenges Fenech on whether he is really asking the jury to believe that he did not know the name of a single person involved in the murder.

“I didn’t know them, no,” Fenech replies.

GC: “But what did you speak about with Keith Schembri?”

YF: “What he talked about with Melvin Thuema…”

GC: “But you had Melvin [Theuma] right next to you in the taxi, why didn’t you just ask him.”

YF: “He’s not reliable.”

GC: “So you weren’t curious about the people involved, you didn’t ask?”

YF: “No, I didn't care.”

Prosecutor continues questioning after short break

Godwin Cini continues his questioning,

GC: “Before the break, I asked you what motive Melvin had to go and speak to the hitmen, you said he had two, the first: to become known in the criminal underworld, and to do a favour for Keith Schembri so he becomes important to him.”

YF: “Yes I think those were the reasons.”

GC: “But Keith Schembri and Melvin Theuma never spoke?”

YF: “He went to Castille multiple times, and this has been proved a number of times.”

Yorgen Fenech: Melvin Theuma wanted to gain credit with criminal underworld

Cini quotes from Fenech’s police statement about an encounter with Melvin Theuma after Fenech returned from London. According to the statement, Theuma picked him up from the airport and told him the murder had been set in motion, that Fenech’s share would amount to €120,000 and that other people were also involved.

Fenech says he had corrected this version, but Cini tells him he had not. Fenech then says he had been misunderstood, while continuing to insist that Theuma had set the whole thing in motion himself.

Fenech maintains that the alleged plan had initially stopped, before starting up again in April.

Cini asks whether Caruana Galizia had ever written about Melvin Theuma.

“No, and neither had she written about me,” Fenech replies.

When asked about Theuma’s alleged motive for wanting the journalist killed, Fenech claims Theuma wanted to associate himself with the criminal underworld, gain influence through Keith Schembri, make himself look important and extract money from Fenech.

The prosecution argues that Theuma had failed to gain power through Schembri. Fenech disagrees, pointing to the presidential pardon Theuma eventually received. Cini counters that Theuma was granted the pardon because he was telling the truth, while Fenech alleges that he had “bought it” from former police commissioner Lawrence Cutajar.

Fenech goes on to claim that Keith Schembri used him, Johann Cremona and Kenneth Camilleri. He also says he is certain Theuma recorded Schembri.

“I’m confident that one day Keith Schembri’s recordings will emerge, because I’m convinced Melvin Theuma did not delete them” Fenech says.

‘Did you pay to kill Daphne?’ prosecution asks accused

GC: “Was it you that paid to kill Daphne Caruana Galizia?”

“Never, ever, ever have I paid for anyone to be killed. Never, neither Mrs Caruana Galizia nor anyone else,” Fenech replies.

Someone with political interests

Cini challenges him over his claim that Theuma stopped because Fenech told him to do so in view of the upcoming general election.

Fenech argues that if he had wanted to get rid of someone who was going to write about him, he would not have waited for months. He insists the reason for delaying the alleged plan came from someone with political interests.

‘I was nervous’

The prosecution asks Fenech about moments during his police statement when he replied that he would answer “at the appropriate time”, questioning whether this was because he had his back against the wall.

YF: “No, it’s because I was nervous; I was treated differently to Keith Schembri

The questioning turns to Fenech’s claim that Melvin Theuma approached the alleged hitmen of his own accord following a dinner at Fenech’s ranch.”

Cini asks why, after learning what Theuma had done, Fenech did not confront him about approaching killers over a conversation Fenech himself had been part of.

Fenech replies that he knew Theuma wanted to speak to Keith Schembri, but says he does not know what was said between them.

Cini also questions why Fenech continued to keep Theuma close to him. Fenech replies that had he known exactly what Theuma was involved in and what he had done, he would not have kept him “behind a casino door”.

YF: “I was trying to diffuse the situation.”

GC: “That’s how you diffuse a plan to kill a mother of three?”

YF: “I managed to stop him, I was successful at that.”

Lawrence Cutajar hits back on Facebook

Following this morning’s complaint by the defence, former police commissioner Lawrence Cutajar has hit back with a sarcastic remark.

“Outside the hotel there was a sign: ‘Jurors are here. Nobody can use the pool’. I’m sorry I didn’t read it,” the post reads. He signed it off with a smiley face.  

Prosecutor accuses Fenech of changing account of events

Prosecutor Godwin Cini continues to challenge Fenech over his account of the alleged dinner, questioning whether parts of the story had been fabricated and later changed during the trial.

Cini focuses on a conversation Fenech says he had with Melvin Theuma in the car after the dinner. He suggests Fenech altered his version so that remarks initially attributed to Theuma alone were now said to have also been made in Keith Schembri’s presence.

“No, that’s not correct, doctor [lawyer],” Fenech replies.

Fenech says he trusts the jury to assess the evidence and decide for themselves what makes sense. 

Fenech claims missing details in statement stemmed from his use of drugs

Prosecutor Godwin Cini continues to point to several details Fenech did not mention in his police statement but later included in his testimony on Friday.

Among them, Cini says Fenech had not told police that Melvin Theuma had begun pressuring Keith Schembri, as he later testified during the trial.

Fenech maintains he was not in a good condition during the interrogation.

The prosecution notes his lawyers were present and asks whether he is suggesting that they had somehow misled him.

Fenech insists that he was under the effects of sedatives and recreational drugs at the time.

‘They fed you a lie!’ – Yorgen Fenech

The prosecution continues to test Yorgen Fenech’s version of the dinner at the ranch, telling him that in his police statement he had not mentioned Keith Schembri as being present.

Fenech immediately disputes this. “It’s impossible that I didn’t mention him, impossible.”

When prosecutor Godwin Cini says the statement does not reflect this, Fenech refers to the testimony of Melvin Theuma and Schembri himself. The prosecution counters that neither had confirmed being present at that particular dinner.

“They fed you a lie, and you want to believe it!” Fenech retorts, adding that he had organised the dinner for Schembri.

Cini suggests the episode did not happen as Fenech is now describing it, which Fenech denies.

The defence intervenes, prompting an exchange with Judge Edwina Grima, who raises her voice. Defence lawyer Charles Mercieca responds, under his breath: “The court doesn’t need to shout at me.”

Yorgen Fenech says he did not trust police inspectors

Prosecutor Godwin Cini turns to the episode at the Zebbug ranch, asking Fenech whether he had mentioned America when speaking about it in his police statement.

“Yes,” Fenech replies, although he says his memory was not immediately clear at the time. He believed the dinner had taken place around October or November 2016.

In his statement, Fenech described the conversation around the table as casual and social.

He also said that what Caruana Galizia had written about Keith Schembri had hurt him, particularly because Schembri “had just received a terrible diagnosis”.

GC: “So you didn’t have hope in the inspector Arnaud and Zahra on the case? You left out details?

Cini also points to the effects of drugs, the tension he was under and his poor psychological state at the time.”

“That is what we call the queen of evidence in law,” Cini remarks, referring to the statement.

“You just didn’t trust the inspectors…” Cini presses.

“And I was right not to trust them, after the mess they made,” Fenech shoots back.

Cini says Fenech had stated that Schembri continued asking him for help for a long time.

“Yes,” Fenech replies. “I don’t know whether it was only me, I don’t think so, but he used to ask me.”

“He used to come to me often, but that wasn’t why he came to me,” Fenech adds.

Cini argues the testimony Fenech gave under questioning by his defence lawyers was “as dry as a desert compared to the statement”.

Fenech continues to insist evidence about the alleged earlier plot has emerged during the trial. Cini corrects him, pointing out that George Degiorgio and Vince Muscat had mentioned former minister Chris Cardona, not Keith Schembri.

Fenech replies that, at the time, the two worked together.

‘Keith Schembri obsessed with killing Daphne Caruana Galizia’

GC: “Don’t tell me you’re putting the 2015 plan on Keith too? So according to you, Keith for many years wanted you to kill Daphne Caruana Galizia?”

YF: “He was obsessed with it.”

Fenech tells jurors he would allow Schembri to vent on Caruana Galizia

According to Fenech’s interrogation, Keith Schembri had told him surveillance of the journalist had begun in 2015.

Fenech insists in the years that followed, “we heard that it was true”, referring to evidence heard during the trial, particularly the testimony of Vince Muscat, il-Koħħu.

Fenech says he would often allow Schembri to vent.

GC: “Who did the €30,000 go to?”

YF: “Schembri never told me.”

GC: “How could someone who was like a brother to you, not tell you such important details?”

“I didn’t ask him because it was none of my business,” Fenech replies.

The prosecution then asks whether Schembri ever explained why the alleged plan fell through. “Let me guess, he didn’t tell you?” Cini asks.

“No,” Fenech replies.

Fenech contradicts 2015 statement to police

Fenech had told police that in 2015, Keith Schembri claimed to have paid €30,000 to have Daphne Caruana Galizia killed.

In his testimony today, however, Fenech says Schembri never told him who the money had been paid to.

The prosecution reads from Fenech’s police statement: “He told me, ‘I found someone to do it, and I gave him €30,000.’ Keith Schembri had come to my house and told me, ‘I found someone to do it, and I gave him €30,000.’”

Fenech says that at the time he did not believe Schembri was capable of such a thing, “and neither am I today,” he adds.

He says he initially dismissed Schembri’s alleged claim as “bravado”. But after hearing evidence presented in court, Fenech says he no longer sees it that way.

Keith Schembri wanted revenge

Prosecutor Godwin Cini refers to Fenech’s statement concerning an alleged 2015 murder plot.

Godwin Cini begins his questioning: “According to what you are saying-”

The accused interjects: “According to what Keith Schembri told me,” Fenech promptly replies.

GC: “You had stated Keith Schembri wanted Daphne to be killed in 2014…”

YF: “2015…”

Fenech continues to say Schembri used to say he wanted to kill Caruana Galizia when her attacks became personal.

GC: “Okay, in your statement you said it was 2014… you said that Keith Schembri wanted to kill Daphne so she would stop criticising the government?”

YF: “No.”

GC: “But it was one of the reasons?”

YF: “He wanted to kill her because she crossed the red line.”

Prosecutor Godwin Cini tells Fenech he is changing his version from what he said in his statement to the testimony he gave on Friday.

“I assure you, because I used to be with him, Keith’s issue was one of revenge,” Fenech insists.

Fenech briefed by lawyers before arrest

Prosecutor Godwin Cini (GC) resumes his questioning of Yorgen Fenech (YF).

GC: “Mr Fenech. I’m going to make reference to your statement, but am I correct to say the night before you were arrested, you spoke with your lawyers and they briefed you from A-Z?”

YF: “A-Z is a lot, but I got the gist.”

GC: “Am I correct to say you had 12 sessions with your lawyers before you gave your statement, and these were in your house, in the lockup, between 21 November to 30 November?”

Fenech confirms this, but says: “I didn’t keep count of them, but I spent a lot of time with them.”

GC: “So in every statement you gave you had a lawyer present.”

YF: “Not in all, because in one, Lawyer Caruana Curran had a wedding.”

GC: “But lawyer Marion Camilleri was there, right?”

YF: “Yes.”

Proceedings resume 

The judge and jurors enter the courtroom. Everyone is in place, and proceedings resume. 

Court breaks for lunch

GC: “You’re lying, it was 5.7g.”

The defence has a legal point to make with this comment.

The jurors leave the courtroom.

Charles Mercieca is states referencing the judgement is going directly against the decision of the court.

After an exchange of comments between the prosecution and the court, Judge Grima gets up and leaves the courtroom.

Court pauses for lunch.

Discussion of leaks with Electrogas CEO

Another string of chats is being shown to the courtroom between Catherine Halpin CEO of Electrogas and Yorgen Fenech.

Godwin Cini (GC): “Did you discuss the leaks with her?”

YF: “Yes, it was her job, she was the CEO.”

Yorgen Fenech videoed purifying cocaine   

Another video is displayed, the video appears to be some form of distillation, or filtration process on the desk at his office in Portomaso.

There are two lab beakers, a filter and white liquid being filtered through into the beaker. Fenech agrees it appears to be drugs.

The video shows a finger pointing at the beakers and explaining what is going on. When asked by the prosecution to explain the video, he says through a process involving acetone, impure cocaine is purified.

GC: “Do you remember taking this video? Where is it taken?”

YF: “I don’t remember it.”

GC: “Are you hearing your voice in this video?”

YF: “Yes, I think that’s my voice, but I don’t remember the video at all.”

GC: “So, you didn’t take the video?”

YF: “I don’t remember, I don’t remember anything.”

YF: “My mind was sick… I used to be very paranoid that the drugs were contaminated, so I would clean them,” Fenech says, as footage shows a white substance in a glass container together with a strainer.

GC: “Did your brother ever give you drugs?”

YF: “Never, he never gave me drugs.”

GC: “Were you ever caught with drugs in America?”

YF: “Yes, 0.9g. I was undergoing rehab in America.”

Popular show Breaking Bad gets a mention in court

The prosecution makes reference to a chat between YF and ‘Papa’ (Franco Fenech) from 15 November 2015.

Franco says, “good morning boss [bonġu mgħallem]” and attaches a photo appearing to be a paper cup and a plastic cup next to each other, one filled with a yellow liquid, along with another photo showing a packet of morphine, along with another appearing to have several lab bottles on a desk.

Franco Fenech tells him: “are you serious? Breaking Bad in Papa’s office” a small chuckle is heard.

This is because the accused’s brother found all this in their father’s office, which Yorgen Fenech used to use.

Another photo shows Cocaine detection wipes.

Another bag shows a packet filled with blue pills.

Godwin Cini (GC): “Are these ecstasy pills?”

YF: “I don’t know what they are.”

GC: “Even about this you’re going to lie?”

YF: “I can’t respond this question. I had issues, but not with ecstasy.”

More images of drugs and lab bottles are shown to the courtroom,

YF: “I was upset because I ended up in the same situation as my brother.”

Franco replies in the messages: “I’m not a policeman; clean all this shit up”

YF: “He was angry with me and he was right.”

GC: “But those aren’t your ecstasy pills?”

YF: “I don’t know what those are.”

YF appears to be a bit nervous to be answering questions regarding his brother.

GC: “I’m sorry to be asking this, but I’m doing my work.”

YF: “He was angry at me and rightly so.”

GC: “Am I correct in saying that it wasn’t right that your brother was angry at you because those pills aren’t yours?”

YF: “He wasn’t angry at me about the pills.”

Yorgen Fenech’s brother’s addiction

Prosecutor Godwin Cini (GC) starts asking Fenech questions.

GC: “I’m sorry to ask about your late brother, may he rest in peace, but you previously mentioned that he was quite problematic, full of complications, and you explained you took over the business from your father.”

YF: “He was not interested in working in the business, so I took over.”

GC: “He had complications?”

YF: “With drink, yes.”

GC: “During cross-examination of Dr Adrian Vella, your defence described he had drug issues.”

YF: “Yes, he had drug issues.”

Court rejects prosecution request

After formal submissions, the court notes the document the prosecution wants to make reference to in cross-examination was exhibited in the compilation of evidence during the testimony of Matthew Caruana Galizia in 2021.

The court also observes that this document, a sentence from a foreign court, is not an original copy but is a photocopy, whereon it is clearly written, “unofficial”.

Moreover, during his testimony, Caruana Galizia didn’t even make refence to what he was presenting as when he was going to testify on it, the defence raises an objection, it was never discussed further. Due to this, the court rejects the request made by the prosecution to make reference to this document. Moreover, the accused is not being charged with recidivism.

The jurors finally enter and Yorgen Fenech continues cross-examination.

Fenech’s cocaine conviction in Houston, US discussed by court

The defence argues that the material comes from a set of documents presented by Matthew Caruana Galizia and has not been formally exhibited.

The documents appear to form part of a judgment delivered by the Houston court in the United States.

The matter appears to concern Fenech’s previous admission that he was caught in possession of cocaine at Houston airport in Texas and was sentenced to one month in prison by a US court. Court documentation had shown that Yorgen Fenech had listed former OPM chief of staff Keith Schembri as next of kin.

As defence lawyer Charles Mercieca makes his submissions, someone is commenting at the back of the courtroom, prompting Judge Edwina Grima to stop the comments.

Upon receiving the document, the judge notes that there is highlighted in bright orange, ‘unofficial’, prompting her to state that she will direct the jurors to disregard it.

‘Grounds for dissolution’

The prosecution asks the court whether it may question Fenech about a charge or conviction against him abroad. At this stage, it is unclear what case or matter the prosecution is referring to.

The defence argues such questioning may not be permissible and warns that it could potentially have serious implications for the trial.

“This is grounds for a dissolution” Charles Mercieca exclaims in reaction to the prosecution requesting to use this unofficial court document.

Judge Edwina Grima asks the prosecution to formally make its request to the court.

Yorgen Fenech is seen getting down from the witness stand.

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.