Prosecution lays out alleged conspiracy that led to Daphne Caruana Galizia’s assassination

Earlier on Thursday, the prosecution laid out its description of how the “cowardly, violent, and brutal” assassination of journalist Daphne Caruana Galizia at the hands of alleged conspirator Yorgen Fenech, who is accused of setting off the chain of events which led to the murder.

Lead prosecutor Anthony Vella, on behalf of the office of the attorney general, illustrated how Fenech allegedly asked middleman Melvin Theuma to find someone to carry out the murder, which was then contracted to Alfred and George Degiorgio and Vincent Muscat for €150,000.

This explanation of how the plot was allegedly hatched formed part of the prosecution’s opening address in the trial by jury against Fenech, who is standing before Madam Justice Edwina Grima over the journalist’s murder in a car bomb attack in Bidnija on 16 October 2017.

As a result of this alleged conspiracy, Fenech is charged with complicity in wilful homicide and criminal association for the purpose of committing a crime.

He pleaded not guilty when the trial opened on Wednesday.

Addressing the jury on behalf of the Office of the Attorney General, prosecutor Anthony Vella began by outlining the constitutional role of the office as the State’s prosecutor in serious criminal cases, including homicide.

He told jurors that prosecutors gather the evidence required by law before issuing a bill of indictment, through which formal accusations are brought against the accused.

Vella said the prosecution had no personal or financial interest in the outcome of the case, reminding the jury that prosecutors’ salaries remained the same regardless of the decree eventually issued by the court.

“Our only interest is the pursuit of justice for the victim, Daphne Caruana Galizia, and her family, whose loss is permanent and irreversible,” he told the jury.

He described the jurors’ role as a direct part of the administration of justice, telling them they were not present as spectators but as participants in the process.

“It is a privilege for all of us to be able to follow these proceedings,” Vella said, describing jury service as a “unique experience” and a “higher calling”.

The prosecution explained that its opening address is effectively an introduction to the case and the evidence the prosecution intends to present. A second address will be delivered towards the end of the trial, after the evidence has been heard.

Jurors were told the prosecution would outline the facts and evidence which, according to the Attorney General, support the charges against Fenech. The court will then hear testimony and examine documents and expert reports before the jury is eventually asked to return its verdict.

Vella also explained the process of examination and cross-examination of witnesses, telling jurors that they have both a duty and a right to hear relevant evidence firsthand.

“You must see the witnesses on the stand, and examine what they are saying and how they are saying it in court,” he said.

The prosecution also reminded jurors of the different thresholds faced by both sides. It is for the prosecution to prove guilt beyond reasonable doubt, while the defence is not required to prove innocence. The defence will also have the final address before the judge’s summing-up.

Vella urged jurors to remain critical and analytical throughout the trial.

The prosecution then walked jurors through the criminal process, from the crime scene to the magisterial inquiry, the gathering and preservation of evidence, the compilation proceedings and the filing of charges.

Vella referred to extensive forensic work carried out by Europol and other investigative entities, including evidence related to how and when the bomb was placed, forensic traces allegedly linked to the executors, and scene-of-crime data.

He said expert findings are gathered into reports and handed to the inquiring magistrate, who determines what charges should be issued. The prosecution also indicated that several inquiries will feature in the proceedings.

The trial continues after 2.30pm.