Prosecution questions how Fenech’s lawyers obtained court document from another case

During a heated afternoon session in court, state prosecutors accused Yorgen Fenech’s legal team of “acting in bad faith” after the defence requested to cross-examine convicted killer Vince Muscat with a document that had not been previously admitted as evidence in the acts of the case.

This document, which refers to statements that Muscat had made in the state’s case against bomb suppliers Adrian Agius, Robert Agius, and Jamie Vella, was not brought forward by the defence before the trial against Fenech over the murder of Daphne Caruana Galizia began.

In response to the defence’s request, lead prosecutor Anthony Vella argued that the defence should be investigated over how it even had access to this document in the first place.

“The prosecution further deplores the fact that the defence showed this document in front of the jury when it knew that this document is not in the acts of the case, and it did so in a disloyal manner that now means that the document has been shown to the jury,” Vella charged.

“All this shows that the defence is acting in bad faith,” he added.

The argument erupted during the cross-examination of Muscat, who is serving a 15-year sentence for his role in Caruana Galizia’s assassination. Muscat is testifying as a key prosecution witness in Fenech’s trial by jury.

Throughout the afternoon, defence lawyer Giannella de Marco questioned Muscat at length about earlier statements he had made on figures including disgraced former economy minister Chris Cardona, former police officer David Gatt, Anthony Sammut (known as Tony l-Iblaħ), and former OPM chief of staff Keith Schembri.

Muscat repeatedly told the court he could not remember several details. At one point, Madam Justice Edwina Grima corrected the defence when De Marco appeared to suggest that Muscat had said the alleged 2015 plot to kill Caruana Galizia had continued into the 2017 plot.

“That’s not what he said at all,” the judge noted.

Muscat clarified that, in 2015, George Degiorgio had told him Cardona wanted Caruana Galizia dead, while in 2017, Alfred Degiorgio told him Melvin Theuma wanted her killed. Theuma later received a presidential pardon and became the prosecution’s key witness after admitting he acted as a middleman between Fenech and the executors.

The defence also asked Muscat about meetings with Cardona, Anthony Sammut, and David Gatt, and about claims that Gatt made gestures or remarks linked to the murder.

Muscat said he remembered Gatt asking when they were planning to kill “the witch in Bidnija” when asked about it by the defence, but repeatedly said he could not recall when some conversations or gestures had taken place.

The heated point of law arose when the defence asked to confront Muscat with a document and an organisational chart it said were necessary to control his testimony.

The prosecution objected immediately, arguing that the document formed part of separate proceedings and was not included in the acts of Fenech’s trial.

Vella said the defence had made several requests over the years to admit new evidence and had every opportunity to request the document before the trial began.

“I can’t even imagine what the defence would say if we did something like this,” Vella said.

In her decree, Madam Justice Grima noted that the document did not form part of the acts of the case and instead appeared to belong to separate proceedings involving third parties.

The court said it could not verify at this stage whether the document had been obtained officially from the acts of that pending case, and therefore its authenticity could not be established.

The judge also noted that, since the document was in the defence’s possession, the defence could have asked before the jury stage for the court registrar to exhibit a legal copy from the other proceedings. It had failed to do so.

The request was denied.

When Muscat returned to the witness stand, De Marco continued questioning him about meetings with former lawyer Arthur Azzopardi, Assistant Commissioner Keith Arnaud, and alleged threats made after Muscat began speaking to police.

Asked by the court whether Alfred Degiorgio had ever told him that Keith Schembri was somehow involved, Muscat said all he knew was that Schembri’s name had been mentioned at the Marsa potato shed.

He repeated that he had heard Alfred Degiorgio say David Gatt was acting on behalf of Schembri, but that he did not know in what capacity.

After a break, the court again drew the defence’s attention to the fact that the document it wished to use came from another case and had not been admitted into the acts of Fenech’s trial. The request was denied once more.

The trial continues on Wednesday morning.