Daphne Caruana Galizia murder: lawyers ask to delay FBI testimony until Constitutional case decided

Lawyers for the men accused of the murder of journalist Daphne Caruana Galizia have filed a court application, asking that representatives of the FBI who have collaborated with the investigation into the killing, be prevented from giving evidence until a separate Constitutional case is decided.

The FBI agents are scheduled to testify in the compilation of evidence against George Degiorgio, Alfred Degiorgio and Vincent Muscat on May 22. The trio are charged with planting and detonating the car bomb which claimed Caruana Galizia’s life last October. The men deny the charges.

The court application explains that the FBI was assisting the investigation by providing expertise on mobile telephony and data traffic.

The application goes on to point out that there are pending Constitutional proceedings before the First Hall of the Civil Court, filed by Alfred Degiorgio in which he is asking the court to declare the appointment of court expert Dr. Martin Bajada as a breach of his right to a fair hearing.

“It follows that the request of Alfred Degiorgio…also includes that which was requested and performed by Dr. Martin Bajada and the officials of the FBI,” argue the lawyers.  The outcome of the Constitutional case could influence the evidence which will be exhibited in the proceedings insofar as the witnesses worked with Dr. Martin Bajada and the evidence is the result of his work.”

Should the Constitutional case be decided in favour of Degiorgio, the lawyers said, “everything that Dr. Bajada did, both alone and with others, must be declared invalid.”

The application asks the court to order the FBI agents not to testify until there is a definitive outcome in the Constitutional proceedings currently underway.

The court decreed that the prosecution present its replies within 48 hours.

Lawyers William Cuschieri, Martha Mifsud, Josette Sultana and Martin Fenech signed the application.