If it wasn't for those recordings, I'd be six feet under, Theuma tells court
Melvin Theuma’s credibility came under sustained attack on Wednesday as defence lawyer Gianella De Marco confronted him with his own contradictions, forcing the self-confessed middleman to admit that he had lied about Keith Schembri’s alleged involvement in the murder of Daphne Caruana Galizia.
Fenech has pleaded not guilty to two principal charges: complicity in the wilful homicide of Daphne Caruana Galizia and criminal association to commit the murder.
Caruana Galizia, a columnist with The Malta Independent, was killed in a car bomb on 16 October 2017.
Five men have already been convicted in connection with Caruana Galizia’s assassination. Vince Muscat admitted his role in the murder in 2021 and was sentenced to 15 years’ imprisonment. Alfred and George Degiorgio each received 40-year prison sentences after pleading guilty in 2022, while Robert Agius and Jamie Vella were sentenced to life imprisonment in 2025 for supplying the bomb used in the attack.
The prosecution is being led by Attorney General lawyers Godwin Cini, Anthony Vella and Danika Vella, assisted by Assistant Commissioner Keith Arnaud and Inspector Kurt Zahra. Fenech is represented by lawyers Charles Mercieca, Giannella de Marco and Gianluca Caruana Curran, while lawyers Therese Comodini Cachia and Jason Azzopardi are appearing parte civile on behalf of the Caruana Galizia family.
Judge Edwina Grima is presiding.
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17:09: That’s that for today – Theuma’s cross examination will continue, and likely conclude, tomorrow.
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17:06: De Marco again asks him about the pardon – and how he knew that he would get one before even speaking to the police.
“Go ahead and ask me the same question again. I figured, ‘What’s Koħħu going to get a pardon for? I have recordings. I have a better chance of getting one'”, he replies.
17:05: De Marco moves on to the pardon granted to Theuma, and asks whether he knew he would get a pardon.
Theuma replies that it was his lawyers who got him a pardon – he was going to be charged otherwise. De Marco says that Theuma had made political threats. “Political threats? No, I said I would go to Castille to expose things. I even wanted to go to Archbishop Charles Scicluna to expose,” Theuma replies.
Asked why he didn’t go, Theuma says that he never had anyone to back him up.
“I started recording Yorgen after he told me that Koħħu was going to get a pardon. When I had those recordings, I figured I deserved a pardon. From Vince Muscat’s onwards, I thought I had a shot at a pardon,” Theuma says after De Marco pointed out that he had told Cremona that he would get a pardon.
17:00: De Marco suggests that Theuma was putting words in Cremona’s mouth, and that he had even told him that Europol were involved in the investigation.
Theuma says that it was Cremona who had told him that, to which De Marco questions why that hadn’t been recorded too. “If I had recorded everything, this case would have been done and dusted ages ago,” Theuma retorts.
De Marco then says that Theuma purposely lowered his voice when he didn’t want to be heard on the recordings, like when he mentioned the commissioner – a notion that Theuma completely rejects.
16:50: The hearing resumes, and De Marco asks a pointed question: “So Keith Schembri came from the mess in your head, the police commissioner was you bluffing, and Yorgen Fenech is the mastermind. Is that right?”
Theuma replies: “That’s the truth.”
He again says that every mention of the Commissioner in the recordings was “bluff” – to which De Marco plays another recording where Theuma tells Cremona that he was getting information from that Commissioner.
Speaking about that recording, Theuma says that everything that Cremona told him when it came to police raids turned out to be true. “It all happened as he said,” Theuma says – with the only exception being that Ray Aquilina would handle the case; Theuma says he never saw Aquilina at the depot.
16:25: Theuma again testifies that Cremona had promised to give him a list of questions that the police were going to ask him and that he could strike off questions that he didn’t like. “I never asked for that,” Theuma tells the court.
Asked about his arrest, which had been due to happen on 16 November but ultimately happened two days before, Theuma says that on 14 November he was told by Fenech and Cremona to clear up everything regarding his illegal lotto and the murder.
“Do you confirm that they raided you earlier because they saw you clearing up your garage in Marsascala?,” De Marco asks. “Yes,” Theuma replies.
A recording is played featuring Cremona and Theuma, wherein Cremona tells Theuma that he is getting information from Kenneth Camilleri, adding “you know where Kenneth is getting information from.”
But before getting into that, the judge calls a short break to proceedings.
16:18: Theuma continues to insist that he never spoke to the police commissioner.
This is as the defence plays a recording of a conversation between Theuma and Cremona, in which the two discuss a conversation that Cremona said he had with Kenneth Camilleri.
In the recording, Cremona is heard saying that he had told Camilleri that “He’s not going to be picked up by police. If he is, he’ll reveal everything.” Theuma is later heard implying that he had gotten information from “the commissioner”.
But Theuma tells the court that he was bluffing – something he would do with Cremona to make it seem like he too had information sources.
15:50 Theuma stated that he had been informed in advance that he would be arrested on November 16. When De Marco asked who gave him the warning, Theuma replied that it was either Yorgen Fenech or Johann Cremona. When De Marco suggested the leak came through Cremona via Keith Schembri and through Edgar Brincat (“Ġojja”) via the police commissioner, Theuma clarified that he had not even opened the final message sent by Cremona because the police opened it themselves, noting that the text read that the information regarding his arrest was coming straight from the commissioner.
15:45 Asked by De Marco if Edgar Brincat had coached him on what to tell the police. Theuma says Brincat advised him to “tell the police nothing”.
15:33 When De Marco asks who raised the issue of bail for the Degiorgio brothers, Theuma stated that he did. Asked how Camilleri, an OPM security official, could possibly arrange bail, Theuma explained that he assumed Schembri had sent him, recounting that Camilleri walked across the road, made a phone call, and then reported back that the hitmen would be getting bail on the 22nd along with one million euros each.
De Marco then pressed Theuma on whether failing to mention Keith Schembri was a condition of his presidential pardon, asking if he only received the deal on the premise of pinning everything on Yorgen Fenech. Theuma denied this, asserting that he was completely free to name anyone he wanted and chose to name the people genuinely involved. When de Marco pointed out that he was now saying Schembri was not involved, Theuma confirmed that Schembri was one hundred percent not involved, adding that if someone was backing Fenech, Fenech should speak up and say so. De Marco confronted Theuma over implicating Schembri in a murder when he now admitted it was untrue, to which Theuma acknowledged he had lied because he feared he was going to be betrayed and killed.
15:29 The defence grills Melvin Theuma about his meeting with Office of the Prime Minister security official Kenneth Camilleri, with Theuma maintaining that Keith Schembri sent Camilleri, citing a recording where Yorgen Fenech allegedly said Schembri would walk through fire for him. Describing the encounter at his partner’s apartment in Żurrieq, Theuma explained that Camilleri arrived in Johann Cremona’s car, stepped outside to ask what was wrong, and inquired what had happened to him this time, -prompting De Marco to ask what had occurred previously. Theuma clarified that it was actually Fenech who had earlier warned him that hitman Vince Muscat (“il-Kohhu”) was talking to the police, rather than Camilleri breaking that news.
15:20 Continuing her cross-examination about the infamous letter, Gianella De Marco asked Melvin Theuma about handing it over to Yorgen Fenech at Level 21 in Portomaso, noting that the document primarily implicates Keith Schembri despite Theuma never recording Schembri. When de Marco asked if Edgar Brincat (“Edwin”) had advised him to seek help from the police commissioner to sort things out, Theuma denied it, asserting that the commissioner was actually the one seeking information about him. Although de Marco pointed out that Theuma sought details regarding upcoming police raids, the timing, and the questions he would face, Theuma clarified that those promises came from Johann Cremona, adding that he had no idea Cremona was meeting with Schembri and only learned about it through the news.
15:08 The judge and jury are back in the courtroom.
The cross-examination of Melvin Theuma resumes.
12:57 Court has adjourned for the daily lunch break. Proceedings will resume at 3pm.
12:56 De Marco questions Theuma over his claim that Keith Schembri had also wanted him dead.
De Marco: Did Keith Schembri also try to kill you?
Theuma: Both of them tried to kill me.
De Marco points out that this did not tally with what Theuma had told Fenech at the time.
Jurors are then read a transcript of a conversation between the two, in which Fenech sought to reassure Theuma.
“Mate, nobody will harm you for as long as I’m around,” Fenech told him.
Theuma replied: “I’m crying alone. I just did a favour, you know… I don’t trust the other guy.”
De Marco presses Theuma on what favour he was referring to and asks what he had done for Keith Schembri.
Theuma: I did a favour for Yorgen ta’ Tumas. I roped Keith into it, but he was not involved. Now, if he was involved behind the scenes, that’s another story. I don’t know anything about that. Keith had offered bail to the Degiorgios, and from there on I grew convinced he was in on it.
(Theuma previously testified that Schembri had sent an OPM official to speak to him. According to Theuma, the official made a phone call before assuring him that the Degiorgio brothers would be granted bail and given €1 million each. Neither brother was ultimately granted bail, and both are now serving 40-year prison sentences.)
12:48 De Marco reads out an exchange between Theuma and Fenech dated 17 October, 2018, three days after Theuma spoke to il-Ġojja about his letter.
In the exchange, Theuma told Fenech: “Rest assured I respect you as much as you do me… I have nothing against the other guy, either, KK, even though he tried to get rid of me. If it wasn’t for you I’d be locked up.”
Testifying in court, Theuma says he believes the recordings he had made prevented Fenech from trying to kill him.
“Yorgen didn’t try to kill me because I sent word to him, through Johann Cremona, that I had recordings of him. If it wasn’t for those, I’d be six feet under.”
12:41 Theuma recalls an occasion when Kenneth Camilleri and Johann Cremona approached him while he was eating at a restaurant.
De Marco: They never mentioned that when they testified.
Theuma: Madam, bring them here. You can bring a busload of people here to see how many people lied in this trial.
12:39 A recorded phone call between Theuma and Edgar Brincat is played in court, although much of the conversation is difficult to make out.
De Marco says that during the call, Theuma referred to there being “another paper”.
De Marco: You said there was “another paper”.
Theuma: Maybe he gave me some advice. But I wrote it. I don’t know of any paper he wrote for me.
De Marco then turns to the contents of Theuma’s letter.
De Marco: In your letter, you wrote that Keith and Yorgen used you to kill her and were now trying to kill you. Can you confirm that Yorgen Fenech never tried to kill you?
Theuma: I suspected it. That they’d get someone to kill me. He was behind the poison.
De Marco: What poison?
Theuma: That was reported on the news.
Fenech is separately charged over an alleged attempt to purchase cyanide, guns and grenades online.
12:30 De Marco: You said Beppe Fenech Adami often called Yorgen Fenech.
Theuma: Yes, but Yorgen wouldn’t answer his calls.
De Marco: You also said Yorgen was friends with Adrian Delia. So his friendships weren’t limited to Labour.
Theuma: Yorgen Fenech never told me, “Beppe or Delia would go into fire for me.” He only told me, “Keith Schembri would go into fire for me.”
De Marco: Did many people from both parties have Yorgen’s phone number?
Theuma: I have no idea who had his number.
12:28 Gianella De Marco pointed out that Melvin Theuma had initially sought a Nationalist Party lawyer, prompting Theuma to reply that he called her first because she was the top choice. After a brief exchange where De Marco acknowledged her well-known political affiliation, she noted that Theuma had also contacted Simon Busuttil and Karol Aquilina, and mentioned wanting Jason Azzopardi, Beppe Fenech Adami, and David Casa – who is not even a lawyer – during police depot interrogations and in his secret recordings.
12:24 Gianella De Marco read a line from Melvin Theuma’s letter stating that Keith Schembri gave him a government job “to use me” and “after he got what he wanted,” prompting her to ask how Schembri supposedly got what he wanted. Theuma reiterated that he had simply assumed Fenech and Schembri were working together, agreeing with De Marco that the letter was the product of his psychological distress and admitting he gave a copy of it to Fenech so Fenech could use it as leverage against Schembri.
When De Marco suggested that Edgar Brincat (“Gojja”) actually dictated what to write, Theuma conceded that Brincat may have told him to include specific names. Pressing him on the gravity of implicating an innocent man, De Marco pointed out that Theuma had dragged someone into a murder he now admits had nothing to do with him. In response, a frustrated Theuma turned directly to the judge, declaring that the court could send him to prison but reiterating that Schembri was not involved, while insisting that his current testimony is part of fulfilling the requirement to tell the whole truth to keep his presidential pardon.
12:14 As Gianella De Marco asked whether it was possible that Keith Schembri never actually mentioned the murder, Theuma insisted that Schembri had never once spoken to him about it. De Marco shouted back, accusing Theuma of having no morals for implicating someone in a murder who had never discussed it with him, and asked if he had lied.
Theuma admitted that he did lie, blaming his compromised state of mind, but clarified that while Schembri never mentioned Daphne, sent him to do it, or gave him money, his secret audio recordings with Yorgen Fenech proved the broader conspiracy, angrily gesturing at the defence lawyer and calling the defence the liars.
The judge intervened, instructing Theuma to calm down and refrain from arguing with counsel. Resuming the questioning, De Marco asked if mentioning Schembri in those audio recordings was just a bluff, to which Theuma confirmed he had been bluffing when speaking with Johann Cremona, noting that Cremona had no interest in seeing Fenech get caught. Though De Marco pointed out that Cremona was angry about Tumas Group reducing his payouts, Theuma agreed while adding that Cremona would also advise him not to expose Fenech.
12:07 De Marco shifts her questioning to Theuma’s relationship with then-police commissioner Lawrence Cutajar and his infamous letter, prompting Theuma to explain that while Edgar Brincat (“Edwin”) had given him Cutajar’s phone number, he never actually called him. When De Marco noted that Brincat would call the commissioner instead and asked about the advice Brincat provided, Theuma stated that Brincat advised him to specify names rather than vaguely referring to “my mate” or “my boss,” and also told him to write a letter so that a copy would reach the Nationalist Party if he were killed. Theuma confirmed that he wrote the letter entirely by himself without anyone dictating the contents, adding that he explicitly named Keith Schembri because he was convinced at the time that Fenech and Schembri were involved in the plot together.
11:59 Continuing her questioning, De Marco asked Theuma what else he had discussed with Tonna, and Theuma replied that he mentioned being a friend of Alfred Degiorgio’s and later spoke about money laundering, confirming he visited Tonna just days after the suspects were arrested but did not disclose his involvement in the murder.
Theuma admitted that while he had given Tonna financial help when the former officer was going through a tough time, he gave him nothing on that specific day, denying that he felt he owed him anything and describing their relationship as a friendship where one thing led to another.
Regarding whether Tonna advised him to ditch his phone, Theuma said he believed Tonna was referring to one of the numbers tied to his illegal lottery operation rather than the murder plot, and confirmed that Tonna’s reassurances successfully set his mind at ease.
11:47 Resuming cross-examination, De Marco asked Theuma how he first got to know Mario Tonna, and Theuma explained that Tonna had been the district inspector handling an argument he had with his partner’s ex. When De Marco noted Tonna’s subsequent rise to assistant commissioner, Theuma confirmed that Tonna had an office at the police depot heading the traffic department, and acknowledged that he visited him there on December 7, 2017 – just days after the hitmen were arrested on December 4 – to talk about the burner phone he had used to communicate with Alfred Degiorgio.
11:14 The court ordered a short break.
11:13 Melvin Theuma acknowledged knowing police superintendent Mario Tonna, admitting he would ask Tonna – even after he left the police force – if his phones were being tapped, to which Tonna would typically respond either negatively or that he did not know. Jurors were then played a recording of a phone call between Theuma and Tonna where Theuma asked him to check for phone taps, with Theuma explaining under questioning that he could not recall which of his roughly seven different phones he had used, as he frequently swapped them because of his illegal lottery operation. Theuma also confirmed visiting the police depot to speak with Tonna – who held the rank of assistant commissioner at the time – right after the Degiorgio brothers were arrested, explaining that he went to inquire about seized phones because he was anxious they would find Alfred Degiorgio’s burner phone used for their communications.
11:04 De Marco asks Theuma about the day Yorgen Fenech first called him regarding the murder, and Theuma recalls that at around 4:30pm while he was in Żurrieq, Fenech summoned him to the Blue Elephant restaurant at Portomaso to ask about George Degiorgio (“ic-Ċiniz”) and instruct him to have Daphne Caruana Galizia killed because she was going to publish information about his uncle Ray, prompting Theuma to call Alfred Degiorgio.
De Marco asks if Theuma had the phone number of the police commissioner, Lawrence Cutajar, to which Theuma replied in the affirmative, explaining that Cutajar had previously been an inspector in Marsa where the racehorses took place, and Edgar Brincat (“il-Ġojja”) had given him the contact.
Asked how the commissioner’s contact was saved in his phone, Theuma stated it was saved as “MRC” for Malta Racing Club, following instructions from Brincat.
10:52 Theuma says that he had placed bets on the Labour Party being re-elected. When De Marco reiterated that he was deeply concerned about losing his phantom government job, she read out a chat message in which Theuma wrote to his stepdaughter, “I hope she dies, that XXXX…. Let’s see if she ends up ruining my cheque,” to which his stepdaughter replied, “She likes to stick her nose into other people’s business.” In court, Theuma acknowledged that he was indeed referring to Daphne Caruana Galizia in those messages, stating that the exchange likely took place after Fenech had already engaged him as the middleman for her murder.
10:44 Theuma explains that his meeting in Keith Schembri’s office was brief given Schembri’s high-ranking position at the time. When De Marco asked if he thought he held power because Schembri gave him a job he did not want, Theuma maintained that Yorgen Fenech was the one who arranged it, adding that when he told Fenech about the position, Fenech simply said it was an opportunity to make some extra money.
Theuma denied Schembri’s assertion that he had asked for the job and insisted that Schembri explicitly told him he did not need to report for work. When questioned about whether he bragged to his stepdaughter Shianne about having power, Theuma acknowledged he may have mentioned it, noting that getting paid without having to show up for work constituted power.
Theuma admitted he worried about losing the position, recalling that he called Fenech when his paycheck was delayed and Fenech promised to make a phone call to sort it out. When De Marco suggested he viewed Fenech as a “gravy train,” Theuma pushed back sharply, pointing out that Fenech had given him €150,000 to have Daphne Caruana Galizia killed from which he made not a single cent, ultimately leaving him out of pocket.
10:37 De Marco asked Theuma when he met Schembri again following their encounter at the ranch, to which Theuma replied it was a few days later, after Yorgen engaged him to have Caruana Galizia killed. Noting that the general election was announced on May 1, De Marco pointed out that two to three weeks prior would be mid-April, leading Theuma to confirm he visited Castille around that time. When asked if he had ever been to Castille before, Theuma said he went subsequently to speak with Charlene Farrugia Bianco, Schembri’s secretary.
De Marco sarcastically remarked that Schembri had met him on the stairs “like a head of state,” which Theuma confirmed. Theuma added that Sandro Craus had called him the day before without mentioning a job, though Yorgen had told him Craus would call. After visiting Castille, Theuma called Yorgen to say Schembri had given him a job, and Yorgen replied that he already knew. When De Marco brought up the photograph taken in Schembri’s office with a picture of Joseph Muscat visible behind them and noted how closely Theuma was holding him, Theuma sarcastically retorted, “Because I love him.”
10:30 De Marco turned her questioning to Yorgen Fenech’s Żebbuġ ranch and asked what was discussed when Theuma met Keith Schembri there, specifically questioning if they spoke about Daphne Caruana Galizia. Theuma replied that Schembri never mentioned her, adding that even if she had been brought up, he did not know who she was at the time. When De Marco asked if that was because he only knew her from driving her home – referring to Theuma’s previous testimony that he once gave her a free taxi ride from Portomaso after her tyres were slashed because he felt sorry for her – Theuma confirmed it. De Marco then asked if they discussed Schembri’s cancer during the gathering, to which Theuma responded that he did not know.
10:20 De Marco pointed out that the car belonging to the boyfriend of Theuma’s stepdaughter, Ryan, had been set on fire, which Theuma claimed was merely collateral damage from a neighbouring vehicle. However, when De Marco suggested the arson was carried out by Alfred Degiorgio’s gang and brought up text messages where Theuma had warned his stepdaughter to move the car because “Il-Fulu is involved” and there would be “chaos in the street,” Theuma first claimed he could not recall the messages before saying he had only been joking about Fulu’s involvement. This prompted De Marco to accuse Theuma of lying and highlight that his advanced knowledge of the attacks proved his close ties to the criminal network. Theuma denies he had close contacts with Alfred Degiorgio.
10:05 During cross-examination, De Marco shifted her questioning to the period around Daphne Caruana Galizia’s murder, noting the frequency of car bombs at the time, which prompted Melvin Theuma to recall explosions involving Victor Calleja (“ic-Chippy”) – who died in a January 2017 car bomb as Theuma and Yorgen Fenech were heading to France – and Romeo Bone, who lost limbs in a similar blast a month later, with Theuma adding that Fenech had specifically instructed him to tell Alfred Degiorgio (“Fredu”) that Caruana Galizia had to die and should not end up like Bone. When De Marco brought up other explosions, Theuma stated he knew nothing about them, and while De Marco suggested that frequenting Marsa should have helped him connect the dots, Theuma insisted his time was spent around the Marsa racehorses rather than the potato shed.
10:01 As De Marco continued pressing Theuma about the HSBC and casino heists, Theuma maintained he had no involvement and made nothing from exchanging Darren Debono’s US$3,000, other than merely suspecting where the funds originated. Moving on to his presidential pardon, Theuma admitted he signed it without reading it though his lawyers advised him to tell the whole truth, but when questioned about why he chose not to testify in the phantom job case – a refusal that led to his previous testimony being declared inadmissible and resulted in the acquittal of accused individuals like Yorgen Fenech and Keith Schembri – Theuma explained he simply followed the magistrate’s guidance after being told he could not testify, and additionally denied shaking Keith Schembri’s hand when they crossed paths in court.
9:46 De Marco continues to ask about the botched HSBC heist in Qormi. Theuma says he ended up having to break into his own property around three weeks later.
9:42 De Marco questioned Theuma about where Darren Debono (“it-Topo”) hung out, prompting Theuma to reply that he frequented White Stars in Marsa and occasionally the potato shed where Alfred Degiorgio (“il-Fulu”) would be. Theuma insisted he only visited the shed around three times despite De Marco suggesting otherwise. Turning to the failed 2010 HSBC Qormi heist, which involved a shoot-out with police, Theuma stated he knew for sure that it-Topo had been wounded. When De Marco asked why the men wanted to rent a flat from him at the time, Theuma explained there was no formal contract and he simply rented it to them without asking questions, adding that he only realised something bad had happened when he went to the property and found it-Topo bleeding from a bullet wound to the face.
9:32 As defence lawyer Gianella De Marco pressed further on the 2007 robbery, Theuma recalled that the laundered sum consisted of €20 notes, for a total of €60,000, leading De Marco to point out that Malta did not introduce the euro until 2008. When De Marco then implied he was also involved in the Casino di Venezia heist, Theuma explained he had merely exchanged 3,000 US dollars for Darren Debono (“it-Topo”) and had fully disclosed everything to police to ensure he was covered, before saying while he had nothing to do with any robberies, he was indeed involved in the murder because Yorgen Fenech engaged him, as well as in illegal betting.
9:26 De Marco suggests that Melvin Theuma was indirectly involved in the 2007 HSBC bank robbery in Balzan where approximately one million euros was stolen, a claim Theuma denied, explaining that George Degiorgio had merely asked him to launder around €60,000 in brand-new cash that he could not use. While Theuma stated he did not explicitly know the money came from the robbery at the time, he assumed it was from somewhere dodgy and later reported it to the police on his lawyer’s advice.
9:20 Defence lawyer Gianella De Marco asks Melvin Theuma about his acquaintances, noting that Lawrence Pace (“il-Lolly”) had claimed Theuma knew the Degiorgio brothers and Vince Muscat since childhood. Theuma denied this, explaining that he only got to know Alfred Degiorgio and Darren Debono (“it-Topo”) when he rented a flat to them, and disputed spending much time at the Marsa potato shed, clarifying that he merely visited a nearby bar instead. When De Marco asked if he knew David Gatt, Theuma stated he did not recognise him and had only seen him around the courthouse, where Gatt said hello and a police escort identified him as the lawyer David Gatt.
09:15 The defence requests that the chair Theuma is sitting on (which was previously placed with his back to the defence) be turned so that the defence is able to see his face.
“I’d like to see him a little bit”, defence lawyer Gianella de Marco says.
It seems that de Marco will be taking the lead in this cross-examination.
The judge says he’s fine as he is.
“It’s the jury that needs to see him,” she says.
Theuma shifts his seat slightly towards the defence side but remains facing the judge.
RSS Feed Source: Independent Malta If it wasn't for those recordings, I'd be six feet under, Theuma tells court