‘Keith Schembri effectively gave himself a pardon’, Fenech defence claims

Keith Schembri was the “hidden hand” behind the events that led to Yorgen Fenech being charged with commissioning the assassination of journalist Daphne Caruana Galizia, Fenech’s defence claimed on Tuesday.

Continuing his address to jurors, defence lawyer Charles Mercieca alleged that the former prime minister’s chief of staff had used a succession of people to carry messages, influence events and ultimately protect himself.

“There can be no doubt over who the hidden hand in this affair is,” Mercieca told the court.

He focused particularly on the presidential pardon granted to self-confessed murder middleman Melvin Theuma, arguing that the process leading to it had originated with Schembri.

Mercieca reminded jurors that when Theuma was arrested, he asked for then police commissioner Lawrence Cutajar and lead investigator Keith Arnaud. Cutajar subsequently signed the recommendation for Theuma’s pardon, which the defence claimed had first been pushed by Schembri to then disgraced former prime minister Joseph Muscat.

“Keith Schembri effectively gave himself a pardon,” Mercieca claimed.

The defence lawyer also attacked Theuma’s credibility and the reliability of the secret recordings he handed to investigators. He said Theuma had “handpicked” the recordings placed in an ice-cream box and admitted deleting other material after disposing of a phone.

Mercieca argued that the recordings, a photograph of Theuma with Schembri at Castille and a letter implicating Fenech had been used as tools of leverage and self-protection.

He also questioned the wide-ranging benefits Theuma received through the pardon, including immunity from prosecution over his phantom government job. Mercieca noted that Theuma later refused to testify in separate proceedings concerning that job when he came face-to-face with Schembri.

The defence also renewed its criticism of the police searches of Schembri’s Mellieħa residence and his Castille office.

Mercieca questioned why Arnaud and another inspector went to Schembri’s home early in the morning without a larger search team. He referred to evidence that phones visible inside the residence were not seized and that officers were allegedly prevented from conducting a more extensive search.

Schembri’s own mobile phone was said to have disappeared shortly before his arrest, while his daughter’s laptop was seized despite her having no connection to the case, Mercieca said.

The defence lawyer also criticised the search conducted at Schembri’s Castille office days later, claiming video footage showed only a limited inspection in which almost nothing was seized.

Mercieca then listed several people whom he claimed Schembri had “used”, including former security official Kenneth Camilleri, businessman Johann Cremona and doctor Adrian Vella.

He said Camilleri had been used to reassure Theuma, while Cremona was brought into the chain of communications surrounding promises allegedly made to the murder middlemen.

Vella, meanwhile, had testified that Schembri instructed him to take documents to Fenech and suggested taking him to Gozo shortly before his arrest.

“When you start to understand, you realise that Keith Schembri is behind everything,” Mercieca told jurors.

Mercieca will continue his address tomorrow.