Defence grills Melvin Theuma’s forgetful mentor during cross-examination

Edwin Brincat, the longtime friend and mentor of pardoned middleman Melvin Theuma, was pressed on Monday morning over inconsistencies in his testimony about what he knew of Theuma’s recordings, disgraced former OPM chief of staff Keith Schembri, ex-bodyguard for the Prime Minister Kenneth Camilleri, and the police investigation into Daphne Caruana Galizia’s murder.

Brincat, known as il-Ġojja, was being cross-examined by defence lawyer Giannella DeMarco in the trial by jury against Yorgen Fenech, who stands charged with complicity in Caruana Galizia’s voluntary homicide and criminal association.

Fenech denies the charges.

On Saturday, Brincat told jurors that Theuma had approached him after the murder in a panic, saying he was involved in the case and wanted to seek a presidential pardon because convicted killer Vince Muscat, il-Kohhu, was already speaking to police.

Brincat had testified that Theuma described himself as “the broker for the deal”, saying he had acted on behalf of Fenech with the Degiorgio brothers, passed money to the executors, and organised the murder.

He also said Theuma had secret recordings of conversations with Fenech, and that he advised Theuma not to go to the police because he feared the tapes could be seized and destroyed.

On Monday, however, the defence pushed Brincat on whether his knowledge went further than he had previously suggested.

Asked whether Theuma mentioned Keith Schembri throughout the period in question, Brincat replied that Theuma “always mentioned Yorgen and Keith”.

He also said Theuma had told him about Kenneth Camilleri after meeting him, and that Theuma wanted to go to Schembri to ask for money while also saying he had never spoken to Schembri personally before.

Brincat said Theuma did not ask for the government job he had been given and did not need to show up for work.

The defence also pressed him on the now-infamous photograph of Theuma with Schembri at Castille. Brincat initially said Theuma had only mentioned the recordings to him, adding that he was not sure whether the photo had been discussed.

“There was never really any discussion about the photo as such,” Brincat said.

He also denied knowing about Theuma recording conversations involving Johann Cremona, a businessman who allegedly served as an intermediary between Keith Schembri and Melvin Theuma, and said he only learned of those recordings when Theuma testified.

Asked whether Theuma had recorded him, Brincat said no, adding that he had not heard any tapes featuring himself.

That answer was later challenged when the defence played extracts from Brincat’s police interrogation. During this interrogation, lead investigators Keith Arnaud and Kurt Zahra had confronted Brincat with an intercepted conversation between him and Theuma. During interrogation, Brincat had refused to answer the police’s questions.

The prosecution objected to the way the defence was using the interrogation material, arguing that extracts should only be used to control the witness’ testimony. Madam Justice Edwina Grima ruled that, since the material formed part of the acts of the case, the defence could refer to it solely to control the witness or remind him of facts he could not recall.

During the police interrogation video, Brincat could be seen refusing to answer basic questions, including whether he knew Theuma.

Assistant Commissioner Keith Arnaud was heard explaining that police had arrested Brincat to corroborate what Theuma was telling them while his pardon request was still pending.

The defence then played extracts from an intercepted call between Theuma and Brincat, dated 5 May 2018. Although the audio quality was poor, DeMarco pointed to passages in which Brincat appeared to advise Theuma on how to frame future recordings.

In one excerpt, Brincat was heard telling Theuma: “Għidlu ‘qabbadtni’, mhux qabbadni,” and “għidlu b’ismu”, before adding “semmi lil Kenneth”.

Asked why he told Theuma to mention Kenneth, Brincat said Theuma had told him Kenneth was involved, and that naming him would give Theuma stronger evidence.

De Marco argued that this contradicted Brincat’s earlier claim that he did not know much about Kenneth Camilleri or what he was involved in.

Brincat insisted he did not know Camilleri personally and only knew what Theuma had told him.

The court also heard another extract in which Brincat appeared to refer to ensuring that someone could not deny knowing Theuma. Asked who he was referring to, Brincat initially said he thought he was referring to Fenech.

The defence then pointed out that the conversation referred to Schembri and to Theuma’s photograph with him.

Brincat later accepted that the reference appeared to be to Schembri, while insisting that he did not know about the original photo and that, if Theuma had mentioned it, he would have told him to take it together with the recordings.

The defence also confronted Brincat with prior testimony in which he had said Johann Cremona had spoken to Theuma about his impending arrest, including possible dates.

“I don’t know why I said that,” Brincat replied, adding that he was trying to remember while the testimony was being read back to him.

“I don’t remember testifying that exactly, but if you’re reading it, then I said it,” he said.

Throughout the sitting, Brincat repeatedly insisted that he could not remember several details because years had passed, while the defence accused him of minimising the extent of his knowledge of Theuma’s contacts and recordings.

At the very end of Brincat’s testimony – in reference to one of the intercepted calls between Brincat and Theuma a reserve juror asks Brincat to explain who he thinks Melvin was referring to when he told the witness that “these people have driven me into depression.”

“The Degiorgio brothers, and Yorgen,” the witness adds before stepping off the stand.

The trial continues on Monday afternoon.