Disgraced former prime minister Joseph Muscat’s chief of staff, Keith Schembri, leaked sensitive Europol intelligence about the investigation into Daphne Caruana Galizia’s assassination and an unpublished court decree concerning 17 Black to Yorgen Fenech, according to testimony during the businessman’s murder trial.
Fenech made the claims on Monday as prosecutor Godwin Cini continued cross-examining him before Judge Edwina Grima.
The prosecution confronted Fenech with a photograph found on his mobile phone containing names and information drawn from a classified Europol report identifying “high-value targets”.
The list included Robert and Adrian Agius, known as Tal-Maksar, Jamie Vella, Alfred and George Degiorgio, Vince Muscat, Ramon Gusman and several others. Details of their suspected roles in serious criminal activity appeared alongside their names.
Asked how the intelligence had reached his phone, Fenech blamed Schembri.
“If I received it, Keith sent it to me, 100%,” he told the court.
Fenech also confirmed passing information to Melvin Theuma, the self-confessed middleman in the assassination, so that others linked to the murder investigation could be warned.
He claimed he did so following instructions from Schembri.
The prosecution then presented a January 2019 exchange in which Schembri sent Fenech a photograph of a confidential court decree concerning attempts to open an inquiry into 17 Black, the Dubai company owned by Fenech.
The decree, issued later by Judge Francesco Depasquale, concerned an application involving former Opposition leader Simon Busuttil and MEP David Casa and proceedings connected to Schembri, former minister Konrad Mizzi, Nexia BT’s Brian Tonna and Karl Cini.
According to the messages presented in court, Schembri sent the document before it had been officially issued, writing: “Confidential… because it has not been issued yet.”
Prosecutor Cini suggested the document had been leaked from inside the court.
Fenech denied knowing its source and told the prosecutor to ask Schembri, who had sent it to him.
Jurors were also played a voice message in which Fenech mocked Busuttil’s attempts to secure an inquiry into 17 Black. Fenech described the recording as a joke sent in a group chat.
During the same sitting, Fenech admitted acting as an intermediary between Schembri and Theuma, including over information about the murder investigation.
He also confirmed handing Theuma approximately €450,000, including €60,000 purportedly requested for bail expenses. Fenech maintains that Theuma was threatening and blackmailing him and denies financing Caruana Galizia’s murder.
The prosecution additionally questioned Fenech about his relationships with senior Labour figures. He confirmed that Rosianne Cutajar, now equality minister, asked him to obtain information about a government reshuffle. He also acknowledged buying her gifts.
Fenech is pleading not guilty to complicity in Caruana Galizia’s assassination.
His defence has repeatedly objected to parts of the prosecution’s cross-examination, arguing that some questions are prejudicial and unrelated to the charges he faces.
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But we have a new elephant in the room. That KASCO played the omnipotent and abused all power thrust upon him by Muscat everyone knows. But that he had the power to demand and obtain court decrees dcfn before they are delivered is new and needs to be investigated.