On Day 2, lawyers from the Attorney General’s office outlined the evidence against Yorgen Fenech, the businessman standing trial for his alleged role in the assassination of journalist Daphne Caruana Galizia.

Before he began, lawyer Anthony Vella, from the AG’s office, pointed to a stack of brown boxes behind him.

“Are you seeing these files? In there are all the testimonies and evidence we have gathered for this case,” he told jurors before providing a summary of what they’ll hear over the next few weeks.

Melvin Theuma (the middleman)

Melvin Theuma, the self-confessed middleman who was granted a presidential pardon on condition that he testify, will provide testimony on how Fenech allegedly commissioned and financed the murder of Caruana Galizia.

“A presidential pardon is there to reveal the truth and break the culture of silence (omerta),” Vella told jurors.

Theuma’s testimony will focus on how Fenech allegedly first ordered the murder in April 2017, outside Blue Elephant at the Hilton. At that first meeting, the prosecution says, Fenech told Theuma the journalist had to die because she was about to publish something about his uncle, Ray Fenech. 

Only later, as Fenech grew nervous and pressed Theuma to hurry the hitmen along, did he allegedly say the story Caruana Galizia was working on was about Fenech himself, not his uncle.

Fenech allegedly told Theuma to get in contact with George ‘Ic-Ciniz’ Degiorgio. Through a contact, Theuma instead obtained the number of George’s brother, Alfred ‘Il-Fulu’ Degiorgio, and met him near the Potato Shed in Marsa. Theuma told him he had a mandant, a principal, who wanted Caruana Galizia killed, without revealing who it was. The hitmen, according to the prosecution, never knew they were working for Fenech.

Days later, at the Busy Bee café in Msida, Alfred Degiorgio quoted Theuma €150,000 total: €30,000 as a non-refundable deposit up front, and the €120,000 balance payable after the killing.

When the June 2017 general election was called, Fenech allegedly told Theuma to put the murder on hold. Soon after the election, the prosecution says, Fenech confirmed the hit and handed Theuma a package containing the full €150,000 in cash.

Theuma passed on €30,000 to Alfred Degiorgio at the same Msida coffee shop. Degiorgio told him the job would be done by himself, George and Vincent Muscat, splitting the deposit €10,000 each. Theuma kept the remaining €120,000 until the murder was carried out.

A few days after the bombing, Alfred Degiorgio collected the €120,000 balance at Theuma’s garage, plus an extra €5,000 he demanded for unforeseen expenses incurred during the surveillance of Caruana Galizia’s home, including a pair of binoculars.

George Degiorgio, testifying in the magisterial inquiry last December, has confirmed the hitmen received nothing beyond the €150,000 from Theuma.

Melvin Theuma’s secret recordings of Yorgen Fenech

Snippets from hours of Theuma’s secret recordings of conversations with Fenech after the murder will also be heard in court. Vella read out some key phrases to the jury.

On Daphne:

Yorgen Fenech:  “Bħal dik nitfagħha minn hawn għall-isfel b’idi u ma jiddispjaċiniex” 

(“Someone like her, I’d throw her off from up here with my own hands and I wouldn’t be sorry.”)

On Vince Muscat:

Yorgen Fenech: “Le Le halli, hu qed jghid li ma jafx min hemm wara tan-nofs imma jaf lil min hu tan-nofs”. 

(“No, no, leave it, he’s saying he doesn’t know who’s behind the middleman, but he knows who the middleman is.”)

Melvin Theuma: “Tan-nofs jiena. Jien ismek qatt ma semmejtu maghhom.”

(“The middleman is me. I never mentioned your name to them.”)

Yorgen Fenech: Ahjar, ghax ha nghidlek ghalfejn, ha nghidlek ghalfejn jiena. Ghax sa fejn jghidu int (ma jinftehimx) qed tifhem?

(“Better — because I’ll tell you why, I’ll tell you why. Because as far as they say, you [unclear], you understand?”)

On the money:

“Ghax dan ha nghidlek kelma dan fl-ahhar mill-ahhar haq ghal liba kelba Madonna li talbu haduh jien meta gejt etlek jridu mija u hamsin elf, mija u hamsin elf tajthom u meta qalli tini hames t’elef ohra haq wicc il-madonna tat-tromba u zobbi u kummiedji hadhom ukoll Yorg. Ghalhekk qieghed nghidlek dawn l-affarijiet mhux min-naha ta’ Fredu gejjien dawn min-naha ta’ George. Qed nghidlek jien. Issa l-iehor, l-iehor (ma jinftehimx) jitlob il-mahfra, l-iehor ha jibdilu l-guri.

(“Because this one, I’ll tell you something –  in the end, for f**’s sake, whatever they asked for, they took. When I came and told you they want a hundred and fifty thousand, a hundred and fifty thousand, you gave it to them. And when he told me ‘give me another five thousand’, damn it, for the binoculars and whatever other nonsense, he took that too, Yorg. That’s why I’m telling you, these things aren’t coming from Fredu’s side, they’re coming from George’s side. I’m telling you. Now the other one, the other one [unclear] is asking for the pardon, the other one’s going to have his trial changed.”)*

Yorgen Fenech: “U għadu għaddej”

(“And it’s still going on.”)

On Melvin Theuma:

Yorgen Fenech: “Melvin għandu mitt (100) difett, għidtlu: però Melvin ma jigdibx”

(“Melvin has a hundred faults, I told him, but Melvin doesn’t lie.”)

Vincent “Il-Koħħu” Muscat 

Vince Muscat is one of the convicted hitmen who carried out the murder. He was granted a reduced sentence of 15 years when he pled guilty to the crime and revealed Theuma’s involvement to the police. His testimony will focus on the planning and execution of Caruana Galizia’s assassination.

Brothers George and Alfred Degiorgio, the other two hitmen, pled guilty in 2022 and are serving 40 years each. Vella also reminded jurors that the bomb itself was supplied by brothers Adrian and Robert Agius, known as Tal-Maksar, who were convicted last year over its supply.

Payments to fund the Degiorgios’ defence

Vella said that the evidence includes payments of tens of thousands of euros from Fenech, made after the murder, to fund the legal defence of George and Alfred Degiorgio. The payments, Vella said, were made via the pair’s other brother, Mario. 

The police will testify on the payments to provide further information.

Evidence of Fenech’s attempt to escape

Vella said that the AG’s office will provide testimony and evidence of Yorgen Fenech’s arrest on 20th November 2019, when we was allegedly escaping towards Italy on his cabin cruiser after he was informed of his imminent arrest.

Evidence from three magisterial inquiries

Evidence gathered from three magisterial inquiries will be presented, this includes: the inquiry into the murder of Caruana Galizia; an inquiry into Melvin Theuma over money laundering; and an inquiry into leaks from the police investigation into the murder of Caruana Galizia.

Court experts, police, eyewitnesses

Throughout the trial, we will hear testimony from several individuals linked to the case. This includes:

• Police officers who investigated and carried out arrests and searches
• Eyewitnesses, including a driver who saw the explosion and heard a scream
• Court experts appointed by the inquiring magistrates: Maltese and foreign (Europol, FBI, Netherlands Forensic Institute), including post-blast investigators, data analysts, medico-legal experts, SOCOs, IT/DNA experts and serologists
• Documentary exhibits, including extractions from mobile devices and laptops, photographs, footage and objects recovered from the crime scene.