Trial coming to a close

The trial of Yorgen Fenech for allegedly commissioning the assassination of journalist Daphne Caruana Galizia entered its final stages on Thursday as the defence concluded its submissions and evidence, allowing the prosecution to begin its final reply to the jury.

Fenech is pleading not guilty to financing, ordering and conspiring in Caruana Galizia’s murder, carried out by a car bomb outside her Bidnija home on 16 October 2017.

Defence lawyer Charles Mercieca ended three days of submissions by urging jurors to acquit Fenech, insisting that the prosecution had failed to prove its case beyond reasonable doubt.

Mercieca again attacked the credibility of pardoned middleman Melvin Theuma, describing him as a liar whose testimony required particular caution because he was an accomplice in the murder.

He argued that Theuma had testified from a “script” and had been protected by senior police officers. Mercieca also claimed the available recordings were incomplete because Theuma had selectively recorded conversations and deleted some material.

The defence continued pointing towardsdisgraced former prime minister Joseph Muscat’s chief of staff, Keith Schembri, arguing that evidence implicating him had not been properly investigated.

Mercieca told jurors not to “throw a lifeline” to Schembri and Theuma by convicting Fenech.

“Justice means finding guilty the person who did it, not someone who did not,” he said as he asked for a not-guilty verdict.

The defence subsequently called further witnesses, including an Office of the Prime Minister official who explained the visitor procedures at Castille.

John Abela told the court that members of the public normally entered through the St Paul’s Street entrance, where their details were recorded. The main entrance had no reception or visitors’ book.

The evidence was intended to challenge Theuma’s account of entering Castille for a meeting connected to the phantom government job he received in 2017.

The court then stopped the defence from introducing Bank of Valletta records showing transactions made with Fenech’s credit card in April 2017.

His lawyers wanted to use the records to support his claim that he was abroad when Theuma said Fenech summoned him to the Blue Elephant restaurant and asked him to find someone to murder Caruana Galizia.

Judge Edwina Grima ruled that the bank documents had not been properly included in the case record and could not be introduced at such a late stage.

Electrogas compliance official Chris Frendo also testified about unauthorised searches conducted across 20GB of company data and 144 email accounts. Keywords reportedly included “Keith Schembri”, “Joseph Muscat”, “Konrad Mizzi”, “17 Black”, “Macbridge” and “Henley & Partners”.

Frendo said the company suffered reputational damage after internal emails and contracts appeared in the media.

Once the defence closed its evidence, prosecutor Anthony Vella began the prosecution’s final reply by arguing that Fenech believed his money and extensive political connections made him untouchable.

Vella quoted statements allegedly made by Fenech to Theuma, including “Nobody can touch me” and “Our strength is money”.

He told jurors that Theuma’s account was corroborated by other witnesses and recordings in which Fenech could allegedly be heard admitting his involvement.

“I am confident that you will find Yorgen Fenech guilty of ordering and paying for the murder of Daphne Caruana Galizia,” Vella said.