Live - Fenech trial: Morning session dominated by legal disputes between prosecution and defence
The morning session of the Yorgen Fenech trial was dominated by legal arguments over the scope of evidence that could be presented to the jury, rather than by substantive testimony about the murder of Daphne Caruana Galizia. The trial of Yorgen Fenech continued Monday following the conclusion of Melvin Theuma's lengthy testimony, which ended on Saturday with the defence accusing the self-confessed murder middleman of lying to protect Keith Schembri and tailoring his evidence to secure a presidential pardon. Theuma finally stepped down from the witness stand on Saturday after days of intense cross-examination, during which Fenech's lawyers sought to dismantle his credibility and challenge his account that the businessman commissioned the murder of journalist Daphne Caruana Galizia. Fenech has pleaded not guilty to two principal charges: complicity in the wilful homicide of Daphne Caruana Galizia and criminal association to commit the murder. Caruana Galizia, a columnist with The Malta Independent , was killed in a car bomb on 16 October 2017. Five men have already been convicted in connection with Caruana Galizia's assassination. Vince Muscat admitted his role in the murder in 2021 and was sentenced to 15 years' imprisonment. Alfred and George Degiorgio each received 40-year prison sentences after pleading guilty in 2022, while Robert Agius and Jamie Vella were sentenced to life imprisonment in 2025 for supplying the bomb used in the attack. The prosecution is being led by Attorney General lawyers Godwin Cini, Anthony Vella and Danika Vella, assisted by Assistant Commissioner Keith Arnaud and Inspector Kurt Zahra. Fenech is represented by lawyers Charles Mercieca, Giannella de Marco and Gianluca Caruana Curran, while lawyers Therese Comodini Cachia and Jason Azzopardi are appearing parte civile on behalf of the Caruana Galizia family. Judge Edwina Grima is presiding. Please refresh for updates 12:40: The rest of the Inspector's testimony revolves around confirming statements, evidence, and receipts of evidence. The court stops the sitting for the customary lunch break. The case will resume at 2:30pm with the testimony of inspector Kurt Zahra, who was one of the investigators along with Keith Arnaud. 12:25 The inspector exhibits another document, which includes chats between Yorgen Fenech and someone saved as "K". 12:20 The prosecution directed attention to two specific documents retrieved from the ice cream box, displaying them on courtroom screens for the jurors to examine. Following an objection from the defence alleging that the prosecution was straying outside the parameters of the court's earlier decree, Judge Edwina Grima instructed the prosecution to proceed by reading aloud the inspector's exact testimony from the previous inquiry and having him formally confirm its contents. 12:15 Court is back in session. Inspector Sean Friggieri takes the stand again. 11:45 Court takes a short break 11:44 Judge Edwina Grima upholds the defence's objection and instructs the jurors to completely disregard everything Inspector Sean Friggieri had testified about during the morning session. While the inspector was permitted to remain on the witness stand, the court placed strict limits on his testimony, ruling that he could only present and speak about documents he had previously exhibited during the magisterial inquiry. Furthermore, the judge barred him from introducing any compact discs containing statements from third parties not indicated on the official witness list. 11:31 The prosecution counters that the witness already testified in the inquiry and the documents he worked on form part of the exhibits of the case. 11:10 Defence lawyer Charles Mercieca intensified the pushback against Inspector Sean Friggieri's continued presence on the stand, arguing that the prosecution had introduced a witness who was never properly indicated on their official witness list and was now being questioned on topics he had never previously testified about in this case. Raising a formal objection, Mercieca asked the court to bar the inspector from proceeding with his testimony at this stage and to explicitly direct the jurors to disregard everything he had stated so far. 10:43 The argument is about text chats involving Raymond Aquilina, the former head of the police anti-money laundering unit, who faces separate charges of money laundering and corruption alongside Yorgen Fenech. The prosecution argued that the relationship between Fenech and Aquilina was relevant to the current proceedings. The defence objected, contending that if the matter held such significance, it should have been raised during the compilation of evidence stage. Judge Edwina Grima upheld the defence's objection, ruling that the investigation regarding Raymond Aquilina could not be introduced because it forms part of a separate, pending criminal case that also implicates the accused. 10:30 The jurors have been sent out again as the prosecution and defence lock horns. 10:25 The criminal complaint FCID was investigating was against Keith Schembri, Friggieri tells the court. Investigators established that there was "a close relationship" between Schembri and Yorgen Fenech. 10:23 With jurors back min the courtroom, Inspector Sean Friggieri explains that between December 2019 and January 2020, his primary responsibility involved gathering evidence and analysing data extracted from numerous seized electronic devices, including mobile phones and laptops belonging to individuals arrested in connection with the case. Among the seized items was an ice cream box recovered from Melvin Theuma, which investigators later came to describe as a Pandora's box because it held critical evidence, such as recordings of secret conversations with Yorgen Fenech and the photograph of Theuma alongside Keith Schembri. Friggieri noted that the initial actions taken by the Financial Crimes Investigation Department focused on collecting testimonies and determining whether any of the recovered data contained relevant information concerning the alleged leaks of official secrets. 10:09 Judge Edwina Grima delivered her ruling, directing that Inspector Sean Friggieri cannot testify regarding other investigations that are extraneous to the current case, as doing so could improperly imply that the accused has other pending criminal cases or is under investigation for separate crimes. The judge instructed that the witness must strictly limit his testimony to his work and findings directly related to this specific case. 10:06 The legal debate continues on the scope and admissibility of Inspector Sean Friggieri's testimony. The defence argues that allowing the witness to introduce new material could unfairly prejudice Yorgen Fenech by suggesting bad character or introducing unlinked criminal acts, pointing to a prior judicial decree barring any surprises during the jury stage. Conversely, the prosecution maintains that the witness was entirely admissible having testified during the inquiry stage, and asserted that a witness cannot be restricted to previous phrasing and is bound simply to present the truth of the investigation. 9:52 Prosecution lawyer Anthony Vella pushed back against the defence's objections, arguing that Inspector Sean Friggieri was present to testify on both the previously gathered evidence and the comprehensive findings of his investigations. Vella insisted that the court cannot be selective or allow the defence to dictate what evidence is presented, maintaining that the inspector must be permitted to testify fully regarding everything that emerged from his official inquiries. 9:48 Defence lawyer Charles Mercieca raised several points of law, first complaining that Inspector Sean Friggieri was testifying about certain matters for the very first time, which he argued was inconsistent with standards in previous jury trials. His second objection concerned prosecution questions regarding investigations extending beyond the specific murder charge, arguing that this line of questioning could improperly imply that Yorgen Fenech had committed other unrelated crimes. The defence formally requested that the court restrict the inspector's testimony strictly to matters he had previously covered in prior testimony. 9:39 Inspector Sean Friggieri said that in December 2019, Assistant Commissioner Ian Abdilla contacted him regarding a formal criminal complaint. The complaint was lodged by the family of Daphne Caruana Galizia based on revelations that emerged in court between November and December, during the period when Yorgen Fenech was arrested and multiple individuals were called to testify. According to that testimony, there were strong indications that confidential information was being leaked to Fenech by Keith Schembri, who was serving as chief of staff to Prime Minister Joseph Muscat at the time. The complaint specifically targeted Schembri on suspicion of unlawfully leaking official information. 9:37 The next witness to take the stand is Inspector Sean Friggieri, who has served at the Financial Crimes Investigation Department for the past decade. He testified that he first became aware of Yorgen Fenech on the night prior to Fenech's arrest, noting that he had never previously been involved in any investigation where Fenech was named as a suspect or a complainant. Because he was assigned to the economic crimes squad at the time, he and several fellow officers were called in and instructed to remain on site as authorities anticipated launching multiple parallel investigations. 9:30 Roberta Bonello Felice took the stand as the first witness of the day. Her brief testimony centred on confirming various documents and police statements she had previously transcribed from individuals featured prominently in the trial, including Yorgen Fenech's physician Adrian Vella, Fenech's yacht captain Logan Wood, former Office of the Prime Minister security guard Kenneth Camilleri, and Edgar Brincat, an associate of middleman Melvin Theuma. 9:22 Judge Edwina Grima entered the courtroom and before the jurors were brought in, prosecution lawyer Anthony Vella informed the court that the prosecution intended to reference evidence from the inquiry into police leaks, a case in which Keith Schembri faces charges of breaching the Official Secrets Act. However, the prosecution did not have the CD containing the evidence, although one of the scheduled witnesses brought a copy. Judge Grima expressed clear annoyance at the mishap, stating that such evidentiary materials must be flagged well in advance so the court's IT team can locate them on the evidence list before the witness testifies, particularly since that witness was first in line for the day's proceedings.
2026-08-17 07:00:00
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