For Keith Schembri it was pure revenge, Fenech says in cross-examination
Yorgen Fenech’s cross-examination took a dramatic turn on Monday as prosecutors questioned him about drugs, political contacts, alleged influence inside prison and messages concerning the murder investigation, prompting repeated objections from his defence team.
The trial resumed after a lengthly Saturday sitting, during which prosecutor Godwin Cini began cross-examining Fenech following the conclusion of his testimony under questioning by his defence lawyers.
Saturday’s sitting culminated in Fenech directly naming former prime minister Joseph Muscat’s chief of staff Keith Schembri as the alleged mastermind behind Caruana Galizia’s assassination.
But the day also saw prosecutors scrutinise Fenech’s relationships with senior public officials, his communications with police officers and political figures, his ownership of 17 Black, payments made to self-confessed middleman Melvin Theuma, and messages in which he warned Theuma about developments in the murder investigation.
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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18:24 Sitting is suspended. The trial will continue tomorrow at 9am.
18:23 Cini wants jurors to see a clip from Fenech’s interrogation – the section in which Fenech recounted his version of what he told Theuma after speaking to Schembri about the murder plot and price.
Court expert Martin Bajada manages to locate those clips.
18:08 As Prosecutor Godwin Cini continued reading from the interrogation transcript, Yorgen Fenech suddenly cut him off. He turned sharply toward the area of the courtroom where the parte civile lawyers, representing the Caruana Galizia family, were seated, appearing to have reacted to a comment directed at him or spoken about him while the prosecutor was addressing the court.
Fenech addressed the room directly, saying, “Please. People have been talking about me for seven years. Now I’m here.”
Judge Edwina Grima immediately intervened to restore order in the courtroom, issuing a strict reminder that she expected complete silence and decorum from all present.
18:03 Prosecutor Godwin Cini highlighted a discrepancy in the numbers, pointing out that confessed hitman Vince Muscat testified the assassination cost 150,000 euros rather than the 120,000 euros Fenech had referenced. Fenech argued that the mismatch actually proved his lack of direct involvement, but Cini countered that Melvin Theuma, George Degiorgio, and Vince Muscat all agreed on the 150,000 euro figure. Fenech maintained that the 120,000 euro sum came up in December, suggesting the prosecutor ask Keith Schembri or Melvin Theuma for clarification.
When Cini asked why Fenech had previously told an inspector that the price started at 120,000 euros before rising to 150,000, Fenech explained that the lower figure was the initial amount mentioned, which increased after the murder.
Cini then turned to a contradiction in Fenech’s timeline, noting Fenech had recently testified that Melvin Theuma paid the murder deposit before they even spoke, whereas his police interrogation stated that after Theuma mentioned the 120,000 euros, Fenech first consulted Schembri and only proceeded after Schembri gave the green light with the phrase “mexxi, mexxi, mexxi” (go ahead, go ahead, go ahead). Fenech clarified that he merely asked Schembri what he and Theuma had discussed at the farmhouse because he wanted to understand what was going on.
Cini pressed further on Fenech’s actions, slamming his role in the plot: “You, the CEO of Tumas Group, ended up as the postman between Keith Schembri and a taxi driver. Instead of saying ‘I’m not going to get involved in the murder of a journalist’.”
Fenech defended his caution by claiming it was not the sort of thing to discuss over the phone, to which a skeptical Cini fired back: “Whereas discussing a €120,000 murder plot on the phone was OK?”
“I wanted to know what was going on,” Fenech replied.
17:44 With the jurors escorted back into the courtroom, the cross-examination resumed as Prosecutor Godwin Cini challenged Yorgen Fenech on the length of his silence.
Cini pointed out that Fenech had waited seven years before finally sharing his account. Fenech explained that while other opportunities had arisen, he chose to respect a 2024 court ban on reporting about the case, feeling that the courtroom was the proper place to speak. When Cini asked why he chose this venue, Fenech replied that it was because he had faith in the courts.
17:42 Defence lawyer Charles Mercieca argued that his client was fully entitled to exercise his right to silence during police interrogations.
Judge Edwina Grima agreed with the defence, affirming that individuals indeed possess the right to remain silent when questioned by police. However, she pointed out that circumstances had changed because Fenech chose to take the witness stand in court, meaning he is now legally required to answer all questions put forward by the prosecution.
Mercieca then objected to the prosecution’s line of questioning, arguing that they were endlessly circling back to the same points and warning, “We’ll be here till Christmas.”
Accepting the point, the judge instructed the prosecution to move forward and direct a new question to the witness.
17:35 Cini highlighted that during his police interrogation, Yorgen Fenech declined to answer questions on six separate occasions by stating he would “answer at the opportune moment.”
Cini pressed Fenech on why he refused to answer when asked what he did with his alleged share of the payment, prompting Fenech to explain that he felt uncomfortable and simply did not trust the investigators.
“So when is the opportune moment?” Cini asked.
“Today,” Fenech replied.
“So reply.”
“I never gave him the €120,000,” Fenech stated.
“Couldn’t you have just said that during the interrogation? It’s the most basic of questions,” Cini fired back.
“I didn’t trust the investigation,” Fenech maintained.
Before the exchange could continue, Fenech’s defence lawyer Charles Mercieca raised an objection, leading the judge to have the jurors escorted out of the courtroom.
17:25 Cini zoomed in on the phrasing Yorgen Fenech used regarding the financial demand, pointing out that Melvin Theuma had told him, “Your share will be €120,000,” utilising the singular Maltese noun sehmek. Fenech argued that Theuma had lumped him together with Keith Schembri, insisting that his own response – promising to get back to Theuma – proved he was not acting alone. Cini responded with sarcasm, asking if Fenech felt angry at Schembri when he gave his police statement.
Fenech clarified that anger was not the right word, opting instead for a sense of disappointment and betrayal. He accused the authorities of combining what he called a lie from Melvin Theuma with an effort to cover up for Keith Schembri in order to frame him. “Not angry. Disappointed. I felt betrayed,” Fenech said.
When Cini brought up the lead investigator, Fenech dismissed the officer as shady and incompetent, claiming that the moment he uttered even half a word about Schembri, the trajectory of the investigation was sealed. Cini countered by noting that Fenech had filed a formal constitutional case against lead investigator Keith Arnaud and lost. Fenech remained unfazed, reiterating his accusation that Arnaud was shady and compromised by his friendship with Keith Schembri.
17:15 Cini resumed his cross-examination by pressing Yorgen Fenech on Melvin Theuma’s possible motives for killing Daphne Caruana Galizia. Cini recalled Fenech’s previous mention of two motives, noting that while Theuma allegedly achieved his first goal of getting closer to the underworld, his second goal of cosying up to Keith Schembri fell short, evidenced by how Theuma still had to text Fenech for help with a permit in 2019, prompting Fenech to forward a screenshot to Schembri. Fenech countered that Schembri was clever at covering his tracks, pointing out that evidence showed Theuma visited Castille independently without Fenech’s direct orchestration.
Cini steered the focus back to the assassination plot, reading from Fenech’s police statement regarding his return from London when Theuma told him he had spoken to his friends and that Fenech’s share would cost 120,000 euros. Fenech confirmed this exchange. Cini then highlighted a contradiction, noting that Fenech claimed he did not know who the actual killers were until George Degiorgio was arrested, yet expects the court to believe he somehow knew the advance date of the planned police raid, passed that leak along to Theuma, and still remained ignorant of the hitman’s identity. Fenech insisted he did not know.
Challenging Fenech’s rationale, Cini asked why Fenech chose to get involved at all if he already knew others wanted the journalist dead. Fenech replied that he simply wanted to find out what was going on. Cini questioned why Fenech never asked Theuma. Fenech maintained he never asked because it was none of his business. When Cini pointed out that Fenech told Theuma he would “get back to you” out of curiosity, and asked who Fenech intended to consult, Fenech said he wanted to ask Keith Schembri what he had been discussing with Theuma. When Cini noted that Theuma had already told him, Fenech dismissed Theuma’s reliability, explaining that he preferred to hear things directly from Schembri.
16:57 The judge and jurors return to the courtroom following the break.
Prosecutors now resume their cross-examination of Yorgen Fenech.
16:30 Fenech confirmed in court that he had told police that, after returning from abroad, Melvin Theuma told him, “I spoke to my mates and they said your share will cost €120,000, and there are others involved too.” Cini noted that Fenech had told the inspector he responded by saying, “I’ll get back to you.” Fenech confirmed this, explaining that he had said it to try to understand what Theuma and Keith Schembri had discussed.
Cini pointed out that Daphne Caruana Galizia had never written about Theuma. Fenech replied that she had never written about him either, arguing that Theuma had wanted to curry favour with his underworld associates and gain influence through Schembri. Cini remarked that Theuma had not got very far with that plan.
Fenech disagreed, saying Theuma had succeeded because he had obtained a pardon. Cini countered that Theuma had received the pardon in exchange for providing evidence. Fenech claimed instead that he had received it because he had “paid the commissioner”.
Cini then referred to the same commissioner Fenech had attempted to speak to on the eve of Theuma’s arrest, when Fenech had allegedly been told to “speak to the Luqa guy”. Cini added that Theuma had been smart to record Fenech.
“One day we’ll hear Keith Schembri’s recordings, too,” Fenech replied.
Cini asked whether Fenech had the recordings.
“No, he does. Who knows where they are,” Fenech answered.
Fenech then asked the court for a break. The judge agreed and adjourned the sitting until 4.45pm.
16:21 Cini noted that Theuma had testified that the murder plot was called off after an election date was announced. Fenech maintained that the plot had been stopped by someone with a stake in politics, adding, “I didn’t.” Cini said that Theuma’s evidence about the timeline was consistent, but Fenech disagreed.
Cini then asked Fenech directly whether he had wanted Daphne Caruana Galizia to be killed. “Not at all,” Fenech replied. Cini pointed out, however, that Fenech had told Theuma, “I’ll get back to you.” Fenech said this was because he had managed to stop him, arguing that the conversation took place in December while Theuma’s version of events began in April.
Cini questioned why Fenech had not simply sent Theuma to Keith Schembri. Fenech said he wanted to understand what had happened. When Cini asked what exactly he wanted to know, Fenech replied that he wanted to know what Schembri had told Theuma. He said that although he had initially decided not to speak to Schembri, he eventually called him that evening.
Cini then argued that Fenech had several options when Theuma allegedly told him there was a plan to kill Daphne. Fenech asked what he meant, prompting Cini to point out that he could have told Theuma, “Don’t you ever mention murder to me again,” reported the matter to police or made an anonymous report. Fenech responded sarcastically, “Go speak to the commissioner?”
Cini continued, suggesting that Fenech could have spoken to Silvio Valletta or Ray Aquilina, or filed an anonymous report. “But of all the options, you picked the worst one,” Cini said. “You told him ‘I’ll get back to you’.” Cini then accused Fenech of failing to choose any of those options because, he argued, the conversation never happened, before alleging that Fenech had ordered and paid for Daphne Caruana Galizia to be murdered.
“Never, never. I never paid for anyone to be killed,” Fenech replied.
16:15 Cini questioned Fenech over his reaction to being told about an alleged murder plan, noting that Fenech had told police, “Let me be honest… he didn’t tell me who they were” when referring to Melvin Theuma’s alleged murder plot. Cini remarked, “We usually use ‘let me be honest’ when we’re about to tell a lie.” Fenech rejected this, saying, “You’re wrong.”
Cini then pointed to occasions when Fenech appeared to avoid answering questions directly, noting that whenever he found himself “back to the wall”, he replied, “I’ll answer at the right moment.” Fenech denied this, saying investigators had been trying to steer the questioning away from Keith Schembri.
Cini then put it to Fenech that Theuma had gone to speak to a group of killers following a conversation at Fenech’s ranch. Fenech replied, “Yes.” Cini asked whether Fenech had confronted Theuma by asking, “What the hell are you doing, getting involved in this?” Fenech said he had.
Cini then pressed him on which reaction he had actually given Theuma: whether he had told him, “I’ll get back to you,” or asked, “What the hell are you doing?” Fenech explained that he was trying to understand what Schembri had said while also attempting to calm Theuma down. He added, “I even told him ‘you’ve got that boy, don’t do anything stupid’.”
Cini challenged Fenech over this reaction, pointing out that Theuma was allegedly telling him that a woman and mother of three children was going to be killed, yet Fenech’s response was to try to understand what had been said.
16:05 Cini referred to Fenech’s testimony that Melvin had driven him to the airport and told him that his friends already had a plan to kill Daphne and were demanding €120,000. Fenech confirmed this, saying, “Yes, that’s what he said.” Cini reminded Fenech that he had testified that he was shocked by what Melvin told him and had responded by saying he would get back to him. “Yes, to distract him. You saw what Melvin’s like, he fixates on things,” Fenech explained
Cini pointed out that Fenech had left a significant amount of this information out of his police statement. “Yes, I wasn’t comprehensive in my interrogation,” Fenech admitted. Cini appeared unconvinced by the explanation, saying, “You weren’t comprehensive? I got a headache trying to make sense of it.” Fenech defended his account, claiming that the inspector had been more interested in tricking him. He then summarised his version of events, saying, “It’s simple. Keith Schembri got Melvin Theuma to kill Daphne.” Cini pointed out that Fenech had not made that claim during his testimony. “Jurors can decide what I said,” Fenech replied.
Cini then turned to another discrepancy, noting that in his police statement, Fenech had said he never asked Melvin who the people were who allegedly had a plan to kill Daphne. “No, I didn’t ask him,” Fenech confirmed. Cini questioned why Fenech had not asked, given how much he and Melvin had spoken and the fact that Fenech had even told him, “I’ll get back to you.” Fenech explained that he had said this simply to bring the conversation to an end, adding that Melvin had never mentioned the conversation himself. Cini suggested that Melvin had never mentioned it because the conversation had never happened. Fenech rejected the suggestion, saying, “If it never happened I wouldn’t testify about it.” Cini responded sarcastically, “OK.”
15:57 Cini recapped Yorgen Fenech’s recent testimony about the ranch lunch, confirming Fenech’s claims that he tried to calm Keith Schembri down and felt uncomfortable because Melvin Theuma was deliberately winding Schembri up about Daphne Caruana Galizia.
Fenech reaffirmed that he had stepped outside to smoke a cigarette because he disliked seeing one person agitate another to that degree, noting that he did not smoke around Schembri at the time. Cini then referenced Fenech’s account of the car ride home, where Theuma allegedly told him, “We can easily get rid of her,” followed by repeating, “Seriously, we can easily get rid of her” when Fenech did not respond.
Challenging the credibility of the narrative, Cini accused Fenech directly, stating, “This story was all made up for the jury.”
Fenech firmly denied the accusation, replying, “No, it wasn’t.”
15:52 Cini pointed out discrepancies regarding the timeline of a lunch at the ranch, noting Fenech had previously told police it occurred in October 2016, but claimed last week it was in November. Fenech explained he pinpointed the correct date after remembering it took place right after returning from a trip to America.
Cini pressed Fenech on why he omitted details during his police statements, reminding him of his claim that he did not trust the authorities. Fenech defended his actions, saying, “Yes, and I was right. Look at the mess they made.”
When Cini asked if he had deliberately left Keith Schembri out of his initial accounts Fenech insisted he was certain he had mentioned him, stating he had organised the meal specifically for Schembri. Cini challenged whether the lunch ever happened at all, which Fenech firmly denied.
The prosecutor further listed details left out of the police record, including that Fenech bought lamb for the meal from Melvin Theuma, that his cousins were in attendance, and that Theuma allegedly agitated Schembri even further when Schembri grew angry about the journalist. Fenech responded that he simply did not remember.
Cini then questioned how Fenech could have spent 20 hours in consultation with his defence lawyer without being advised to bring up these key points. Fenech attributed his past omissions and memory gaps to his condition at the time, stating, “I was taking drugs and Ativan at the time.”
“Are you going to blame your mental state whenever I ask you something now?” Cini fired back.
15:39 Cini expressed disbelief that Fenech never inquired who received the 30,000 euros, pointing out their close, brotherly bond, but Fenech maintained that he simply never asked.
When Cini noted that Fenech had told police Schembri continuously asked for help to have the journalist killed, Fenech explained that he treated the remarks as harmless venting and assumed it was all empty talk at the time, only realising the reality of it later after hearing testimony in court.
Cini then brought up testimonies from George Degiorgio and Vince Muscat (“Koħħu”), noting they had mentioned former minister Chris Cardona as well as Keith Schembri. Fenech agreed, adding that Schembri would frequently remark that Fenech knew all kinds of people, though Fenech stated he did not know if he was the only person Schembri approached.
Cini askes Fenech why he omitted these details during his trial testimony, to which Fenech replied that he had not been asked about them. Cini countered sharply, remarking that Fenech’s testimony in court had been “as dry as a desert” compared to the extensive claims he made in his police statements.
15:33 Cini pressed Fenech on why he failed to bring up Schembri’s alleged, long-running desire to have Caruana Galizia killed during earlier testimonies, prompting Fenech to insist he had already raised it during his police interrogation.
Cini noted Fenech’s previous police statements alleging that Schembri had told him he found killers and paid them 30,000 euros back in 2015 and that Fenech claimed he did not respond at the time because he “wasn’t that type of guy.” When Cini zeroed in on the phrasing “back then,” Fenech asserted that he is still not that type of person and dismissed the focus on specific wording as a petty argument.
Fenech added that whenever Schembri vented about the journalist, he would listen and try to calm him down, noting that Schembri eventually informed him the plan had been called off. When Cini asked if Schembri ever revealed who received the 30,000 euros, Fenech replied that he never asked.
15:22 Cini noted that during his police interrogation, Fenech claimed former chief of staff Keith Schembri had been asking for Daphne Caruana Galizia to be killed since 2014. Reading directly from the transcript, Cini quoted Fenech as saying, “Keith Schembri would tell me she’s causing a lot of trouble… from 2014 he’d keep asking me directly and indirectly.” Cini pointed out that Fenech failed to mention this critical detail when questioned by his own lawyer the previous week.
Fenech responded that Schembri frequently made those remarks, but claimed he never took him seriously at the time. He explained that Schembri’s motivation stemmed from anger over Caruana Galizia writing about personal matters, which Schembri felt was crossing a red line.
When Cini asked if Schembri wanted to eliminate the journalist to stop her from criticising the government, Fenech insisted that it was never about silencing her journalistic work. Instead, Fenech maintained, “It was for Keith it was pure revenge… It wasn’t to stop her from writing. It was all about revenge. I know, because I was often with him.”
15:17 Prosecutor Godwin Cini turned the questioning to Fenech’s legal consultations following his arrest. Cini asked Fenech to confirm that he had consulted Giannella de Marco, who serves as his lead defence lawyer in the trial, on the very eve of his arrest, and subsequently held 12 meetings with her in the following days, totaling 20 hours of consultation.
Fenech confirmed that he had consulted her, though he stated he had not counted the exact number of meetings or tracked the total hours.
15:08 Judge Edwina Grima returns to the courtroom. Yorgen Feench’s cross-examination can continue.
12:57 Jurors are then shown an August 24, 2019 chat between Fenech and Electrogas chief operating officer Catherine Halpin.
In the exchange, Fenech told Halpin: “On my way to Arizona, I decided to take one last time. I was stopped at Houston airport. I wasn’t in rehab for the last two weeks, I was in a Houston jail.”
Back in court, Fenech confirms that what he wrote was true.
The judge pauses proceedings for lunch at that point. The trial will resume at 3pm.
12:50 Jurors are shown a video featuring a metal and glass container containing white powder, with a small strainer inside. A hand can be seen pouring liquid into the container.
Fenech’s voice can be heard saying: “Now we see how to make the mixture. We’ll be back with you shortly.”
In court, Fenech acknowledges that the substance was probably drugs.
“Does that sound like the voice of someone in their right mind?” he asks.
Cini suggests the drugs Fenech was mixing were not solely for his own use.
“They were just mine,” Fenech replies.
The prosecutor then asks whether Fenech had previously been caught with drugs in the United States.
“Yes. I was going to rehab and they caught me with 0.9 grams,” Fenech says.
“It was 5.7 grams,” Cini responds.
“No, you’re mistaken. It was 0.9,” Fenech insists.
Defence lawyer Charles Mercieca attempts to raise a legal objection.
“Point of law!” he calls out.
Judge Edwina Grima stops him. “Dr Mercieca, sit down. Continue, Dr Cini,” she orders.
12:34 The prosecutor refers to the defence’s claim that doctor Adrian Vella had left Fenech in Gozo “alone with a junkie”, a reference to his brother Franco. He says the messages show that Franco was trying to help Fenech.
“I never denied that. I spent years helping him, and I ended up needing help myself. Franco helped me a lot,” Fenech replies.
12:29 The photographs show cocaine, ecstasy, drug sachets and other related paraphernalia on an office desk.
Cini tells Fenech he takes no pleasure in asking about the messages, before quoting one sent by his brother Franco: “I’m no police, clean everything up.”
“Yes. He was angry at me,” Fenech replies.
The prosecutor reads another message from Franco: “Come and clear this. Call me and give yourself a chance. This is my father’s office too. I will not touch a single one together… we do it together if you are a man enough.”
“He was trying to help me,” Fenech says.
12:18 With the technical issues resolved, the chat conversation appeared on the courtroom tablets, and Prosecutor Godwin Cini walked the court through the images being displayed to the jurors.
The first exhibit showed a photograph sent by Franco to his brother of two cups – one paper, one plastic – containing traces of a white powder, accompanied by a text where Franco wrote “morephine.”
Another image displayed various plastic sachets, prompting Yorgen to reply to his brother with the message: “Breaking Bad in papa’s office.”
A subsequent photo sent by Franco showed what the prosecutor described as “cocaine detection bags,” along with a message from Franco reading, “I’m no police, come on clean everything up.”
Yet another photo presented to the court showed two small sachets, which Franco identified to his brother via text as containing ecstasy.
12:10 Prosecutor Godwin Cini asks about Yorgen Fenech’s late brother, Franco, noting that Franco had shown no interest in running the family business. Fenech confirmed that he had spent years disposing of his brother’s drugs, and acknowledged that Franco used to refer to him as “boss.”
The prosecution attempted to display a November 2019 chat conversation between the brothers to the jurors, but court technicians encountered technical difficulties and were unable to load the screenshot onto the courtroom monitors. To keep the questioning moving, prosecutors instructed the team to pull up an alternative chat conversation between the two brothers while court IT expert Martin Bajada worked on locating and sorting through the computer files.
11:40 Yorgen Fenech’s defence team again raised a formal objection while the jurors were still kept out in their side room. The defence argued that the prosecution’s previous lines of questioning – such as asking if someone lost their job because of Fenech or probing into personal relationships – were designed solely to prejudice the jury against the accused.
In response, prosecutors countered by requesting permission to disclose a past cocaine-related conviction that Fenech had received in the United States.
Judge Edwina Grima ruled that prosecutors were permitted to question Fenech about the US incident, though she noted she would instruct the jurors not to rely on any related documents since they were unofficial. However, the judge firmly drew the line regarding ongoing legal matters, stating that prosecutors were barred from asking about any criminal proceedings that had not yet reached a final conclusion.
11:26 Court session resumes.
10:59 With that, the judge called a brief recess for the court.
10:57 Prosecutor Godwin Cini pressed on with the questioning, asking Fenech if he was lying about entering the head of strategy’s office without authorisation. Fenech insisted he went there with official approval, adding that dozens of other prisoners did the same.
When Cini asked if the head of strategy was subsequently placed on forced leave, Fenech replied that he did not know and reiterated that he had nothing to do with any investigation, maintaining he never met anyone in prison outside of normal visitor hours.
Cini then asked if Fenech shared a personal relationship with the official, to which Fenech stated he only felt very sorry about how things ultimately ended up for her. Pushing further, Cini asked if they had shared an intimate relationship, prompting Judge Edwina Grima to intervene immediately and order the prosecutor to move on.
10:50 Prosecutor Godwin Cini turned the line of questioning toward Fenech’s alleged influence inside the prison system during his preventive arrest.
When Cini asked if Fenech held power within the prison, Fenech firmly denied it. Cini then pivoted to technical evidence, claiming that three foreign SIM cards had been identified from Fenech’s mobile phone. Fenech disputed this entirely, explaining that the items found on his boat were actually Wi-Fi cards, and clarifying that the only time he utilized a foreign number was when his phone was stolen during a trip to the United States. He categorically denied having three foreign ICC IDs linked to his iPhone.
Pressing further on the matter of prison influence, Cini asked if Fenech regularly met with a businessman inside the office of the prison’s head of strategy. Fenech dismissed the allegation as a blatant lie and offered an explanation of the actual encounter. He stated that whenever a prisoner required something, a formal request was made to an official. In this instance, after making a request, an official named Svetlana Muscat summoned him. As he walked down, he happened to cross paths with Reuben Ta’ Fonzu, exchanged a few brief words, and then proceeded inside.
10:39 Cini highlighted an intercepted call showing Keith Schembri immediately contacting (secretary) Charlene after receiving the screenshot, suggesting Fenech acted as a gateway whenever Melvin Theuma needed access to the Office of the Prime Minister at Castille. Fenech denied that Theuma required access through him, explaining that he only forwarded the screenshot because he could not comprehend what Theuma was actually asking for.
When Cini pointed out that Schembri had replied with “No clue,” Fenech stated he could not recall the exact response, acknowledging only that he found himself trapped in numerous situations between the two men and admitting it was a mistake on his part.
Cini pressed further, arguing that the evidence proved Fenech operated as the central intermediary between Theuma and Schembri, ticking off a series of examples. Fenech readily conceded to passing along information about the criminal investigation. However, when Cini brought up minor property disputes – such as a problem regarding a wall in a field and issues concerning Theuma’s farmhouse – Fenech scoffed at the notion.
10:33 Cini presented a chat log between Yorgen Fenech and Keith Schembri that centred on court proceedings involving 17 Black.
Cini displayed a photograph of an application filed before Judge Francesco Depasquale by former Nationalist Party leader Simon Busuttil and MEP David Casa, alongside a decree by Magistrate Ian Farrugia that revoked a request for an inquiry into 17 Black. Cini pointed out that Schembri had sent this photograph to Fenech early in the morning – four hours before it was officially signed by the magistrate and handed over to the legal parties.
“Would I be correct in saying this came from inside the court?” Cini asked.
“I don’t know. Ask Keith. As you can see, he sent it to me,” Fenech replied.
Cini then shifted focus to a different set of messages between Fenech and Melvin Theuma regarding a request for a meeting over a building permit, noting that Fenech had forwarded a screenshot of those conversations to Schembri as well.
Explaining why he shared the exchange, Fenech stated, “At the time, I was caught between a rock and a hard place, and I used to send things to Keith Schembri.”
10:13 Cini turned back to the image containing the list of names and asked Yorgen Fenech if the document was actually a page from a top-secret Europol report where the individuals were designated as high-value targets. Fenech replied that he had no idea.
The questioning then shifted to Fenech’s perspective on leaked confidential information. Cini noted that Fenech had previously claimed to be the victim of a leak at Electrogas, an incident that prompted him to file a formal criminal complaint.
“We were advised to file a complaint because third-party information had been leaked and we had a legal obligation to protect it,” Fenech explained.
When Cini asked if he had been genuinely unhappy about the leak, Fenech downplayed the emotional impact, stating he did not think he lost any sleep over it. Cini countered by pointing out that corporate emails revealed widespread panic when internal documents ended up in the hands of journalist Daphne Caruana Galizia.
Fenech rejected the characterization of panic, clarifying that while he was displeased because a director expects to work with trusted people and has a duty to safeguard company data, it was simply a matter of business obligation rather than personal devastation.
10:09 Cini then presented an image discovered on Yorgen Fenech’s phone that displayed a list of names, including Robert and Adrian Agius (known as Ta’ Maksar), Jamie Vella, Ramon Gusman, Alfred and George Degiorgio, Vince Muscat, Aaron Cassar, Kevin Falzon, and David Gatt, with specific descriptions of alleged criminal roles written next to each individual.
When Cini asked if the document belonged on his device, Fenech replied that it could have been, though he claimed not to remember. Asked how a report concerning people linked to serious crimes ended up in his possession without him studying the chats, Fenech pointed directly to former chief of staff Keith Schembri, stating with absolute certainty that Schembri was the one who sent it to him.
Cini pressed further regarding Fenech’s coordination with Melvin Theuma, asking if Fenech had instructed Theuma to warn the Degiorgio brothers that the police had discovered evidence concerning the bomb and were preparing to make arrests. Fenech confirmed that he did pass along that warning, explaining that he was simply following instructions given to him by Keith Schembri.
Addressing the financial aspect of the arrangement, Cini noted that Fenech had previously admitted in a police statement to handing over 450,000 euros because Theuma claimed Mario Degiorgio needed funds for legal and other expenses. Fenech confirmed this, adding that the total sum included 60,000 euros specifically intended for bail, noting that he had questioned Theuma at the time about why money for bail was being requested beforehand rather than after it was granted.
10:04 Prosecutor Cini asked for a voice recording from a group chat to be played in the courtroom, though court expert Martin Bajada noted that the audio file did not actually appear within the records of the “No Valletta No Party” chat.
In the playback, Fenech’s voice can be heard saying: “Today’s thought of the day is for Simon Busuttil… You can protest as much as you like, you can go to court 27 times, but the inquiry cannot be reopened.”
Cini asked Fenech to confirm if he was referring to an inquiry connected to 17 Black.
Fenech downplayed the remark, explaining that the chat was used strictly for sharing jokes and that he could not remember if it pertained to 17 Black. He maintained that he was simply mocking Simon Busuttil’s repeated trips to court with files, insisting he sent the message in a light-hearted spirit.
When Cini pressed further and asked if Fenech regularly joked about 17 Black or grew angry whenever the company was brought up, Fenech replied, “I think you’ve realised that I used to joke about it.”
9:50 Cini then shifted the questioning to Yorgen Fenech’s relationship with former minister Dr Edward Zammit Lewis. Fenech described him as a good friend who was close even before Zammit Lewis became the tourism minister. When asked if Zammit Lewis regularly sent people to him for help, Fenech acknowledged that it could have happened because his business employed a large number of people.
Cini pressed further, asking if Fenech used those favours to abuse his position and make people feel obliged to him, which Fenech firmly denied. Although Fenech acknowledged admitting on the previous Saturday that he had abused his position with certain individuals, he maintained that he asked for nothing in return in the specific message under discussion, adding that he helped anyone he could, including Dr Azzopardi on occasion.
The prosecution then drew attention to a WhatsApp group chat titled “No Valletta No Party.” Fenech confirmed that the chat included himself, Keith Schembri, Silvio Valletta, Joseph Cuschieri, an administrator saved under the alias “Fraud,” and “Kenazz,” whom Fenech identified as Kenneth Azzopardi’s secretary.
9:44 Cini asked whether Rosianne Cutajar sent a message saying “tkixxifli naqra” to ask for help finding out about a government reshuffle, suggesting she reached out due to his network and influence. Fenech replied that she likely asked because she felt comfortable with him, acknowledging it was possible she wanted him to find out from then Prime Minister Joseph Muscat or other political figures, though he maintained he never actually approached Muscat about it.
9:39 Prosecutor Godwin Cini resumed his cross-examination of Yorgen Fenech by pivoting to a chat log involving Rosianne Cutajar, then parliamentary secretary and now minister, whose contact was saved on Fenech’s device as “Rosianne Mayor.”
After taking a sip of water and requesting a tablet device so he could read along with the presented records, Fenech answered Cini’s questions regarding their relationship.
When asked to confirm if Rosianne Cutajar was a Member of Parliament and whether Fenech had occasionally bought her gifts, Fenech replied in the affirmative. He explained that he originally got to know her because she had served as the mayor of Qormi, noting that his father’s family has roots in the same locality.
9:30 Prosecutor Anthony Vella strongly rejected the defence objections, stating that the cross-examination fully aligned with the court’s August 22 decision. Vella accused the defence of being unwilling to accept the decree and continuously pushing the issue in hopes of forcing the judge to change her ruling, calling their persistence completely unacceptable.
Judge Edwina Grima reaffirmed her August 22 decision, clarifying that while cross-examination must focus on matters raised during Fenech’s examination, the prosecution is permitted to challenge the witness’s credibility and ask questions allowed under relevant provisions of the law. However, the judge firmly cautioned prosecutors against bringing up the personal lives of individuals who are not party to the proceedings.
9:27 Defence lawyer Charles Mercieca formally raised a complaint regarding the prosecution’s cross-examination of Yorgen Fenech. Referring to the court’s August 22 order instructing prosecutors to strictly follow the law, Mercieca argued that the Saturday session demonstrated a failure to respect those directives.
He pointed out that prosecutors introduced chat logs and content that had never been raised during the examination by Fenech’s own defence team. Furthermore, Mercieca contended that several questions were designed specifically to paint Fenech’s character in a negative light by probing into matters unrelated to the charges being tried in the current case.
Arguing that this approach severely prejudices the defence, Mercieca insisted that the remainder of the cross-examination must strictly adhere to the court’s previous orders and legal parameters.
9:22 The prosecution urgently raised a major security concern, informing the court that former police commissioner Lawrence Cutajar had been spotted swimming in the pool of the hotel where the sequestered jurors were being kept, an incident that had already made its way into the news.
Judge Edwina Grima said that the court had already taken immediate steps to handle the situation, though she expressed deep concern over how the leak ended up in the media.
The prosecution said the defence knew the exact location where the jurors were lodged.
“Rest assured that the court has taken action,” the judge reassured the parties.
Defence lawyer Charles Mercieca explained that they had received the photograph from individuals who happened to be at the hotel.
That explanation drew an immediate rebuke from the prosecution, who argued it was deeply concerning that hotel patrons were apparently passing photos and confidential information directly to the defence team regarding the secret lodgings of the jury.
Pressing for answers, Judge Grima turned directly to Mercieca and demanded to know the identity of the sender, asking how that person even knew jurors were being kept at the hotel.
Mercieca declined to name the source, stating only that the defence had been alarmed upon seeing the photograph and had promptly notified the court registrar. The prosecution maintained that someone inside the hotel was actively leaking information to the defence.
9:10 The sitting has started.
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