Why wasn’t Joseph Muscat called to testify, prosecution asks

Prosecutors have questioned why disgraced former prime minister Joseph Muscat was not called to testify in Yorgen Fenech’s defence after the accused claimed Muscat spoke to him privately about murder middleman Melvin Theuma.

During closing submissions on Friday, prosecutor Anthony Vella sought to dismantle Fenech’s account of two alleged meetings with Muscat in January 2019 – one at Castille and another during a gathering at the Girgenti Palace.

Muscat had appeared on the defence’s list of potential witnesses but was never summoned to testify, Vella told jurors.

The prosecutor argued that mobile localisation data and messages exchanged between Muscat and Fenech contradicted the businessman’s version of events.

Fenech had testified that Muscat sent for him at Castille in January 2019. However, Vella said localisation records showed that Fenech had been abroad until 11 January and visited Valletta only once that month, on 14 January.

The following day, Muscat sent Fenech a message asking whether he had arrived safely, according to evidence cited by the prosecution.

Fenech replied two days later, apologising and explaining that he had been without his phone for eight days after it was stolen in Miami.

Vella argued that the exchange made no sense if Muscat and Fenech had met at Castille the previous day.

“One day I meet you in Castille, then the next I ask if you arrived safe and sound,” the prosecutor told jurors, describing Fenech’s account as another lie.

The prosecution also challenged Fenech’s claim that Muscat spoke to him privately about Theuma during a gathering at Girgenti.

Fenech said Muscat took him into a room and asked whether he trusted Theuma. Muscat reportedly denied that such an exchange took place when questioned during the murder investigation.

Vella pointed to messages exchanged the day after the gathering. Muscat asked Fenech whether he had enjoyed the event, while Fenech replied that there had been many people around the then-prime minister and that he was too shy to approach him before leaving.

The prosecutor argued that Fenech would not have sent such a message had the two already spoken privately at Girgenti.

When Vella referred to Muscat’s inclusion on the defence witness list, defence lawyer Charles Mercieca raised a point of law, prompting the judge to order jurors out of the courtroom.

Mercieca argued that a witness list was not evidence and that the prosecution could not seek to exploit the defence’s decision not to summon a listed witness. He also noted that prosecutors had not questioned Fenech about Muscat during his three days on the witness stand.

Madam Justice Edwina Grima said the defence could address the matter in its reply and urged the parties not to interrupt proceedings repeatedly.

The prosecution’s submissions formed part of its final reply to the defence case as the trial entered its 51st day.

Fenech, 44, has pleaded not guilty to complicity in the assassination of journalist Daphne Caruana Galizia and membership of a criminal organisation. The prosecution alleges he financed the murder and used Theuma to communicate with the hitmen.

Fenech denies the charges.