Trial: 'You're my best friend’: Ex-deputy police chief Silvio Valletta's text to Yorgen Fenech
The trial by jury of businessman Yorgen Fenech has entered its 30th day, with the prosecution expected to continue calling witnesses before Madam Justice Edwina Grima.
Monday’s sitting saw the testimony of Matthew Caruana Galizia, one of Daphne’s sons and the person who runs the Daphne Caruana Galizia Foundation. He shared details about his mother’s investigations and recounted the horror of being the first person on the scene in the seconds after the car bomb that killed his mother detonated..
More witnesses are expected to testify as proceedings resume Tuesday morning.
Yorgen Fenech, a businessman, 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, Gianella Demarco 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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18:08 That is a wrap on today’s proceedings. Thank you for following, and we will have a roundup of the key points on our website shortly. The sitting resumes at 9am on Wednesday.
17:59 During cross-examination, defence lawyer Giannella De Marco refers to a WhatsApp message sent by Yorgen Fenech to Logan Wood on 23 January 2019.
Reading from the exchange, De Marco quotes Fenech as saying: “I’m seeing a therapist because of the overwhelming pressure. BBC, CNN… it’s taking its toll. Yesterday I had a long session and, believe it or not, it turns out I trust just two people in my life-you and Charlene.”
Wood confirms that the message was sent.
The defence then puts a series of propositions to the witness, who confirms that the yacht’s annual service was a routine appointment arranged well in advance.
He also agrees that the decision to depart early in the morning had been his own because of the favourable weather conditions.
Wood further confirms that he informed Valletta Port Control before the yacht departed Malta and that the vessel’s Automatic Identification System (AIS) was initially switched on in accordance with normal procedure.
He adds that the AIS was later switched off after Yorgen Fenech requested that it be deactivated.
17:45 Wood admitted he had a feeling that there was a possibility they could be stopped by the police.
The defence then asks whether Wood is certain that the only information he had linking Fenech to Daphne Caruana Galizia’s murder came from media reports, noting that he had described himself as being close to Fenech.
“We were close when it came to the boats because he was my employer, but I never stuck my nose into family matters,” he tells the court.
Asked whether he and Fenech ever discussed the murder case, Wood replies: “No, never.”
During re-examination, prosecutor Godwin Cini asks the witness how Fenech appeared in the days before he was arrested.
Wood says Fenech appeared normal and did not seem nervous.
Cini then asks whether Wood had spoken to Fenech before giving evidence in the current jury trial.
The witness replies that he had spoken to him only once, after Fenech had been released on bail.
The prosecutor also asks whether Wood had spoken to the deputy registrar when he was summoned to testify in this jury.
Wood explains that he informed her he would be abroad but confirmed that he would return to give evidence.
Asked whether he had inquired whether he would be testifying in favour of anyone or whether he had asked if he was a prosecution witness, Wood replies: “No.”
The prosecution’s questioning ends here.
17:36 Prosecutor Godwin Cini continues questioning Logan Wood about his WhatsApp exchanges with Yorgen Fenech on the evening before the yacht departed for Sicily.
The court is shown messages in which Fenech instructs Wood to switch off the yacht’s AIS tracking system and to “make sure the coast is 100% clear.”
Wood also confirms that the plan was for Fenech’s wife to bring his luggage to the yacht only after he had been given the all-clear.
Asked why Fenech had given those instructions, Wood replies that he believed Fenech was simply being cautious about travelling to Sicily.
The prosecution then refers to another exchange in which Fenech asks Wood how long it would take to reach La Spezia.
Wood replies that he first asked whether Fenech meant by car or by boat, to which Fenech clarified he meant by car. Wood told him the journey would take around 12 hours.
Asked why Fenech was enquiring about La Spezia, Wood says he understood that Fenech was interested in purchasing a boat located there.
The court is also shown another message in which Fenech tells Wood: “Don’t take that pouch to the engine room because it looks bad, mate.”
Asked what he believed the pouch contained, Wood replies that he understood it contained Fenech’s personal money, adding that did not know exactly what it contained.
17:19 The court is then shown WhatsApp messages extracted from Yorgen Fenech’s mobile phone between Logan Wood and himself. Referring to an exchange dated 23 January 2019 at 5:58am, prosecutor Godwin Cini reads a message from Fenech stating: “Turns out I trust two people fully in life. Charlene, whom you know, and you.”
Wood tells the court that Charlene was Keith Schembri’s secretary.
The court then moves to messages exchanged on 19 November 2019, the day before Fenech was intercepted at sea.
In one message, Wood writes: “Boss, Franco just called to go to Catania. Do you know about it?”
Fenech replies: “Yes, no crew.”
The prosecutor also refers to another message in which Wood tells Fenech: “The sooner the better.”
Asked why he wrote this, Wood replies that the weather conditions were favourable and he wanted to depart before they deteriorated.
Cini then reads another message from the chat in which Wood writes: “In reality, leaving in the morning will look less fishy.”
Asked what he meant by the remark, the witness replies: “Because I knew what was going on.”
The court is shown further WhatsApp exchanges between Yorgen Fenech and Logan Wood.
In one message, Fenech asks: “How much cash do you need?”
Wood replies: “If we’re going to the yard, nothing really.”
Prosecutor Godwin Cini asks the witness why he responded in that manner.
Wood explains that although they were due to take the yacht to the shipyard, they would sometimes make stops elsewhere, which could require cash.
The court is then shown another exchange in which Fenech tells Wood: “We leave at 5,” before adding: “I really need this.”
Cini asks the witness what he understood Fenech to mean.
Wood: “I think he meant that he really needed to cross to Sicily.”
Godwin Cini: “Did you ask him why?”
Wood: “No. It wasn’t really my business.”
17:03 Logan Wood: “I had told Yorgen not to come to the marina for the time being because of the media presence.”
Godwin Cini: “What did he tell you after that?”
Wood: “He told me that we were not leaving for the time being.”
Godwin Cini: “How would you describe your relationship with Yorgen Fenech?”
Wood: “We had a very good working relationship.”
Godwin Cini: “What happened afterwards?”
Wood: “I returned to the yacht and waited for Yorgen. After security informed me that CID officers were also at the marina, I sent him a message. He replied, ‘We have nothing to hide.'”
Wood tells the court that he and Fenech later spent the night on board the Gio. Although the weather was not ideal, he says conditions were still suitable for sailing.
Wood: “We woke up at around 4:30am. I asked Yorgen if we were ready to leave, informed the marina that we were departing, and we set off for Pozzallo in the early hours of 20 November 2019.”
He says that around 20 minutes after leaving Portomaso Marina, and approximately two nautical miles offshore, the yacht was intercepted by Armed Forces of Malta patrol boats.
Wood: “There were two patrol boats, one in front of us and one behind us. Around 12 soldiers boarded the yacht and carried out a search. Yorgen was at the front of the vessel.”
Wood tells the court that both he and Fenech were handcuffed. Initially, they were instructed to drive the yacht back to Portomaso. However, they were later ordered to abandon the vessel and board AFM patrol boats instead.
Asked about the purpose of the trip, Wood says he was expecting to return to Malta after leaving the yacht in Sicily, while he believed Fenech intended to meet someone there.
Wood: “I don’t remember whether he told me if he intended to return to Malta afterwards.”
16:56 Godwin Cini: “I want to take you back to the events of 19 November 2019. Where were you that day?”
Logan Wood: “I had already gone on board the yacht on 18 November and slept there so I could prepare for the trip. I checked that everything was ready, including the fuel, water and all the essentials.”
Godwin Cini: “How did you communicate with Yorgen Fenech that day?”
Wood: “I don’t remember exactly. He was due to come on board later that evening. The plan was for both of us to sleep on the yacht on the night of 19 November and then sail to Pozzallo the following day.”
Godwin Cini: “At what time did he arrive that evening?”
Wood: “Very late, at around 9 or 10pm.”
Godwin Cini: “What did you notice around the marina?”
Wood: “I informed Yorgen that members of the media were present. I recognised one of them as Matthew Mirabelli. He was accompanied by another person, but I don’t know who that was. Security personnel also told me there were CID officers in the area.”
Godwin Cini: “Did anyone approach you?”
Wood: “Yes. Mirabelli asked me some personal questions, but I did not answer them. He also asked whether the yacht was leaving, and I told him that it was not leaving for the time being.”
Godwin Cini: “Was it normal to have photographers or journalists at Portomaso Marina?”
Wood: “Sometimes they came, maybe two or three times, but it wasn’t a regular occurrence.”
Referring to Wood’s previous testimony, prosecutor Godwin Cini asks about an earlier statement in which the witness said Mirabelli had told him they had received a tip-off that Yorgen Fenech intended to escape.
Wood: “There were rumours at the time that Yorgen Fenech had something to do with the case.”
16:41 Prosecutor Godwin Cini: “How would you arrange a service, and where was it carried out?”
Wood: “The yachts were always serviced at a shipyard in Marina di Pozzallo, Sicily. I would either telephone or send an email to book a slot, depending on the shipyard’s availability, the weather and how much the yacht had been used.”
GC: “Who would take the yacht to the shipyard?”
Wood: “Usually I would captain the yacht there myself. Sometimes members of the Fenech family came with me, while on other occasions I was accompanied by friends who were familiar with boats. The trip took about two and a half hours. Once the yacht had been hauled out for servicing, we would normally return to Malta on the Virtu Ferries, while members of the Fenech family often remained in Sicily.”
Godwin Cini: “You had sent an email to the shipyard where you had asked them whether it was possible to book the Gio for servicing between the first week of December and February. Can you confirm that you sent that request?”
Logan Wood: “Yes. I contacted the shipyard to ask whether it was possible to service the yacht during that period.”
The court is then shown the shipyard’s reply confirming a reservation for the Gio between December and February.
Godwin Cini: “I want to take you back to the days leading up to 19 November 2019. Did you speak to any members of the Fenech family about bringing the yacht in earlier?”
Wood: “I don’t remember exactly, but probably yes. I informed Yorgen [Fenech] that the service had been booked, either through WhatsApp or face to face. He then contacted me and asked whether we could take the yacht to the shipyard earlier than planned.”
Godwin Cini: “What did you do then?”
Wood: “I contacted the shipyard, either by email or by phone, to ask whether they had availability to bring the booking forward.”
Godwin Cini: “What exactly did Yorgen Fenech tell you?”
Wood: “He asked me to take the boat up earlier. I don’t remember how much earlier.”
Godwin Cini: “In your previous testimony, you said this conversation took place a few days before 19 November 2019. Is that correct?”
Wood: “Yes, I remember that.”
Godwin Cini: “Who was supposed to travel on the yacht?”
Wood: “Just me and Yorgen.”
Godwin Cini: “When did you inform the shipyard of the change?”
Wood: “It may have been the night before. The weather was in our favour and we decided it was one of the best days to make the trip, so we decided to get it done.”
Godwin Cini: “What was the shipyard’s response?
Wood: “They told me I could come earlier. Normally, we would leave early in the morning.”
16:25 Logan Wood, the former captain of Yorgen Fenech’s yachts, is the next witness to testify.
Questioned by prosecutor Godwin Cini, Wood explains he has worked as a captain on private yachts for more than 20 years and was employed by the Fenech family to captain their vessels.
He tells the court he initially worked for Yorgen Fenech’s father for around five to six years before working directly for Yorgen Fenech for a further three to four years.
Wood says he was responsible for both the Gio and Gio 2, explaining the Gio was not used very often and was mainly kept under maintenance, while most of his work centred on the Gio 2.
He tells the court that the yacht frequently travelled abroad, with trips often lasting around a month to destinations including Spain and Sardinia.
Asked who would normally travel on board, Wood replies Yorgen Fenech, members of his family and, on occasion, neighbours would accompany the trips.
Cini then asks about the yachts’ usage throughout the year. Wood explains they were mainly used during the summer months, while activity would decrease as the weather deteriorated around November and December.
The witness says he was assisted by another crew member on board and worked daily during the summer, while in winter he typically worked twice a week and had weekends off.
Regarding maintenance, Wood explains the yachts underwent their annual servicing during the winter months, usually between January and April.
16:23 De Marco questions Police Sergeant Josef Gerada about his presence during a police search at former OPM chief of staff Keith Schembri’s residence.
De Marco points out that, when Gerada testified during both the compilation of evidence and the magisterial inquiry into the alleged leaks, he never mentioned entering Schembri’s home or seeing workers at the property.
Gerada agrees, explaining those details were not relevant to the matters being examined at the time. He maintains he did enter the residence and saw workers both inside the house and walking in and out.
Asked whether the police recorded the identities of the workers, Gerada replies they did not. He also says he does not know what work they were carrying out. The witness adds that the workers were not in the bedroom area while police were conducting their search and had stopped working while officers were inside the residence.
De Marco also asks whether anyone had informed him that Keith Schembri’s mobile phone had been stolen. Gerada replies that no one had.
The defence further questions the witness on whether he saw Schembri indicate to police which electronic devices should be seized.
Gerada says he remained downstairs with Schembri’s lawyers and did not witness that part of the operation.
During re-examination, the witness clarifies that, in the magisterial inquiry, he had explained the operation at Schembri’s residence was not a search but a process of collecting and elevating electronic devices.
16:17 Defence lawyer Giannella De Marco continues questioning Police Sergeant Josef Gerada about chats recovered from Melvin Theuma’s devices.
Gerada explains that his role was limited to analysing the data extracted from the seized devices and identifying conversations that could be relevant to the investigation. He stresses that he had no investigative role beyond examining the data.
De Marco then refers to another WhatsApp exchange from March 2018 between Charmain and Shianne.
In the conversation, Charmaine tells her daughter that she is heading to Marsaskala because “he’ll be at Castille today,” adding that “at 2pm he’s going to meet him because he did him a favour”.
The next day, Charmaine sends a message reading: “Mel, went to Castille,” adding that with the salary he planned to buy a Mercedes while leaving the Kia for Shianne.
15:53 During cross-examination, defence lawyer Giannella De Marco asks the witness whether the photographs extracted from Yorgen Fenech’s mobile phone were all taken after Daphne Caruana Galizia’s murder.
The witness replies he cannot identify the dates because he was only provided with the device and tasked with analysing its contents. When the defence suggests a date, the witness responds: “I cannot confirm.”
De Marco then refers to another series of chats between Melvin Theuma and Fenech predating the murder, asking the witness to confirm that they contain no reference to the assassination.
Gerada agrees.
The court now refers to chats between Charmaine, Melvin Theuma’s partner, and her daughter Shianne. The witness explains he had been instructed to analyse the data contained in those chats as part of the investigation.
The witness explains he flagged the message because it appeared to be of potential interest to the investigation. Gerada says it’s because Shianne refers to Yorgen Fenech in some part of the conversation.
In the chats, Charmaine tells Shianne that “everything was going to be sorted out because ‘a big man’ had gone with Johann.”
Shianne then asks whether Yorgen knew about it, to which Charmaine replies: “Of course he knew, even the big shots.”
15:28 Police Sergeant Josef Gerada returns to the witness stand and continues reading Signal message exchanges between Melvin Theuma and Yorgen Fenech recovered during the forensic examination.
Among the messages shown to the jurors, Fenech tells Theuma: “If you’re going to do it, think it through carefully,” before adding in another exchange: “Let’s put an end to those listening and let it stop there.”
Prosecution asks Gerada: “Who told you that Keith was arrested?”. The witness replied that it was Arnaud that informed him.
Gerada was then asked about a police search at the residence of former OPM chief of staff Keith Schembri.
The witness explains family members, including Schembri’s wife and children, were present at the time, while workers were carrying out works at the property.
Officers from the Scene of Crime Unit were also on site, as were Neville Gafà and two of Schembri’s lawyers.
The court hears this was the second search conducted at the residence that day and that police had already searched the property earlier in the morning.
15:18: Before the jurors enter, defence lawyer Charles Mercieca informs the court WhatsApp messages exhibited as evidence during the trial had allegedly been published over the past few hours.
Madam Justice Edwina Grima says the matter will be addressed at a later stage.
15:11: We are back after the break. Judge Edwina Grima and the jurors re-enter the courtroom.
13:20: The court breaks for lunch and proceedings will continue at 3pm.
13:18: A tense Signal chat exchange between Yorgen Fenech and Melvin Theuma. The messages were sporadic and contained a lot of spelling mistakes, making them difficult to understand in substance and context:
Yorgen Fenech (YF): “I am with you my friend, rest assured. You are like my brother. No one can touch me.:
YF: “No one can joke with me. If you stay strong they can kiss my balls.”
Melvin Theuma (MT): “I 100% believe in you.”
The infamous photo of Melvin Theuma at Keith Schembri’s office was also found on the device.
YF: “I believe they are playing a game.”
MT: “Better we are prepared.”
YF: “Yes, yes tell me everything. If there is a problem we will try to prepare for it. You go to the depot, and tell him you do not know what you are talking about.”
MT: “I am scared of Mario [Degiorgio]. His [one of the Degiorgio brothers] brother that I meet.”
MT: “I think we found a solution. They will stop being mentioned and my filed is closed. What I want is that you give me the money.”
MT: “It’s better if they are no longer mentioned.”
12:51: The witness then refers to another chat he flagged during his examination, this time between Melvin Theuma and Shianne Zammit, the daughter of Theuma’s partner.
Gerada explains the conversation contains references to a USB pen drive that was to be passed from Theuma to Zammit, as well as a laptop.
The witness also highlights another exchange between Melvin Theuma and Yorgen Fenech, dated 10 July 2018, in which the pair refer to “pink pills.”
Jurors are then shown a series of screenshots of Signal conversations involving a contact saved as Yorgen Fenech.
In one exchange, Theuma writes: “Can I call you? I saw someone near the house and I didn’t like it.”
Fenech replies: “Call me, of course. Put your mind at rest. I spoke to my friend this morning.”
The witness explains these Signal messages were set to automatically disappear after five minutes, adding that this setting had been enabled by Yorgen Fenech.
In another exchange, a message reads: “Time gives us advice. I have always stood by you.”
The court is also shown a notification sent by Fenech stating: “I tried to speak to him.”
In a further message, Fenech tells Theuma: “Stay calm. They arrived at the Tal-Maksar garage in Ħaż-Żebbuġ.”
A missed call from Fenech to Theuma is also seen, telling him “call me”.
12:37: Police Sergeant Josef Gerada resumes his testimony after first taking the witness stand on Saturday.
Gerada tells the court he formed part of the police task force responsible for analysing the forensic extractions from electronic devices seized during the investigation.
Referring to a Philips digital recorder, the witness says it contained 16 audio recordings. He also examines data extracted from a Samsung Galaxy A5 belonging to Melvin Theuma.
The witness identifies SMS exchanges between Melvin Theuma and Yorgen Fenech, which date back to 2016. He explains the conversations were flagged because they contained numerous references to gambling, illegal horse racing and betting, and lotto.
Gerada also tells the court that Theuma’s mobile phone contained a call-recording application which automatically recorded every incoming telephone call, regardless of who was calling.
During his examination, he identified:
Two recordings of conversations between Melvin Theuma and Johann Cremona;
Recordings of conversations between Melvin Theuma and Engelbert Mamo;
Recordings between Melvin Theuma and Mario Degiorgio;
Recordings between Melvin Theuma and Mario Tonna; and
Five recordings of conversations between Melvin Theuma and Yorgen Fenech.
The witness also identifies photographs recovered from the device showing Melvin Theuma together with Edgar Brincat.
12:35: During cross-examination, defence lawyer Giannella De Marco asks the witness whether former deputy police commissioner Silvio Valletta was involved in the investigation into Daphne Caruana Galizia’s murder.
The witness replies he does not remember, explaining he has been away from both the police force and the courts for the past three years.
De Marco then asks whether any of the message exchanges between Yorgen Fenech and Valletta discussed the Daphne Caruana Galizia murder investigation.
“No,” the witness replies, confirming the chats contain no discussion relating to the investigation.
The defence also asks whether the extracted data contained any communications between Yorgen Fenech and the lead investigators, Assistant Commissioner Keith Arnaud or Inspector Kurt Zahra.
The witness confirms that no such communications were found.
During re-examination, prosecutor Godwin Cini asks the witness who the superior officers of Assistant Commissioner Keith Arnaud and Inspector Kurt Zahra were at the time.
The witness replies that their superior was former Deputy Police Commissioner Silvio Valletta.
12:15: The witness then refers to a WhatsApp conversation between Yorgen Fenech and Ġanni l-Bun, dated August 2019.
The court is shown three photographs exchanged in the chat. Two of the images depict former Police Commissioner Lawrence Cutajar, while a third photograph sent by Ġanni l-Bun shows Cutajar together with another individual.
Responding to the photographs of the former police commissioner with the sender, Fenech writes: “Hawnxxx għaliehhh.”
12:13: The court is shown further Signal exchanges allegedly recovered from Yorgen Fenech’s mobile phone between him and former Deputy Police Commissioner Silvio Valletta.
In one conversation concerning a trip to Spain, Valletta suggests they travel to Madrid again.
Fenech asks whether he should make the booking, to which Valletta replies that they should wait until 1 June to find a suitable flight. The exchange continues with the two discussing the travel arrangements.
Another conversation, dated 16 February 2019, shows the pair arranging to meet. Valletta asks what time would be convenient for Fenech and later informs him he is near Castille. Fenech tells him to come over once he has finished, saying he will remain at home. Valletta replies that he will see him there.
12:10: The witness continues to go through messages between Valletta and Fenech.
In on exchange on 12 May 2019, Valletta asks Fenech whether he knows anyone who rents private jets as his wife – then former minister Justyne Caruana – needed one.
The jet was for a flight to Corfu, but the exchanges show that the options that Fenech got ended up being too expensive.
The prosecution then shows jurors a video extracted from Fenech’s phone which shows Valletta sitting in a white sports car inside a garage at Portoaso. Fenech can be heard behind the camera saying “Hawnnxx għalieħ.”
Two more messages, this time with individuals who work with Fenech, speak of occasions where Melvin Theuma was present. These exchanges were on 27 January and 28 March 2019.
The witness then refers to further message exchanges extracted from Yorgen Fenech’s devices.
The court is also shown a WhatsApp conversation between Joseph (“Josie”) Licari and Yorgen Fenech, dated 28 October 2019.
Fenech wrote to Licari: “Now it’s better… Daphne is involved. Look at this, killer as well.”
In the exchange, Licari writes back: “I’ve read it and it really hurt me because I know what you’re going through. I’m not trying to flatter you, but it’s so sad.”
Fenech responds: “I never had any affection for her because she was “mara liba” (a bitch), but she hardly affected us at all.”
The exchanges are displayed to the jurors as part of the evidence extracted from Fenech’s electronic devices.
The witness then refers to a WhatsApp conversation between Yorgen Fenech and “Tott” dated 19 November 2019 – the eve of Fenech’s arrest.
In the exchange, Fenech writes: “Need to go for some days… Nice or Paris. I’ll find an aircraft… No way to make it discreet, right?”
11:49: The witness then refers to a number of Signal message exchanges allegedly recovered between Yorgen Fenech and former deputy police commissioner Silvio Valletta.
One exchange, dated 18 June 2019, begins with Fenech writing: “Mate, because you’re someone I can tell these things to… I came out looking like an idiot without saying a word. Where are you?”
Valletta replies that he is in Gozo. Fenech goes on to say that he had lost €16,000, adding that he realised something had happened and may have overreacted because of things he had witnessed in his work. At one point, Valletta tells Fenech that he had never travelled on a private jet.
In another message from the same exchange, Valletta writes: “Let’s take it step by step and we’ll get there. You took the first step, we’ll be right behind you.”
Fenech responds by saying he had endured 22 days of frustration.
The court is also shown additional Signal conversations between the two, including messages from January 2019 concerning government losses linked to diesel pumps, as well as more personal exchanges.
In one conversation, after Fenech tells Valletta that he is on his way to the doctor and would stop by afterwards, Valletta replies: “You’re my best friend.” Fenech then responds: “Goodnight, mate.”
11:42: The witness is then shown a WhatsApp exchange allegedly extracted from one of the accused’s devices.
In the conversation, an individual identified as Marlene, described as an office secretary, messages Yorgen Fenech: “Hi Yorgen. There is Raymond Aquilina downstairs. Shall I tell him to come up and wait for you, or should he remain at reception? Don’t put his name down in the file.”
The reply attributed to Fenech reads: “Bring him up next to you.” (Tellaw ħdejk)
Prosecutor Godwin Cini asks the witness why he considered the exchange significant enough to flag during his examination.
Defence lawyer Charles Mercieca immediately objects, arguing the question calls for speculation and seeks the witness’s opinion.
Madam Justice Edwina Grima upholds the objection, ruling the witness cannot give opinions because he has not been appointed as a court expert.
11:32: The court then hears from Brady Joe Zammit, a former police sergeant who was stationed with the Homicide Squad in 2019 and now serves as an assistant manager at the Financial Intelligence Analysis Unit (FIAU).
Zammit tells the court in 2020 he formed part of the police task force investigating the case. His role involved the forensic extraction and analysis of an Apple device belonging to Yorgen Fenech. An Excel spreadsheet documenting the various forensic extractions is exhibited in court.
Referring to Fenech’s mobile phone, Zammit says two separate extractions were carried out. He explains the first extraction was missing certain Signal application data, while the second extraction successfully recovered that information.
According to the witness, the mobile phone belonging to Fenech contained the largest volume of data of all the devices examined, including documents, emails, browser history and any other information capable of being forensically extracted.
11:17: The court experiences a brief delay as the prosecution attempts to upload a photocopy of an alleged cyanide order onto the jurors’ tablets and the courtroom screens.
Once the document is displayed, the witness refers to an email dated 3 April 2019, sent at around 1am from yfenech@gmail.com. The email includes a password reset request and correspondence with an email address “InfoCyanoLabs”.
Reading from the document, the witness notes that the subject line refers to “Potassium/Sodium Cyanide Powder 20g”, followed by an order reference number.
The email states: “Sorry for the late reply. See below tracking information details of your order,” and includes what the witness identifies as the website of CyanoLabs.
The witness tells the court that, during his examination of the laptop’s contents, he flagged the email as potentially significant and took a screenshot of it after identifying what appeared to be an attempted purchase of cyanide.
During cross-examination, the defence highlights the email concerning the alleged cyanide purchase is dated 3 April 2019, around a year and a half after Daphne Caruana Galizia’s murder.
Defence lawyer Giannella De Marco asks the witness whether he had ever testified about the email during the magisterial inquiry.
“No,” the witness replies.
The defence then asks whether he had submitted a forensic report examining the email or had ever been appointed as a court expert in relation to it.
The witness again answers in the negative, confirming he had neither produced such a report nor been appointed as a court expert.
Asked whether he had carried out any verification to establish the authenticity or veracity of the email exchanges, the witness replies that he had not.
11:03: Prosecutor Godwin Cini asks the witness whether he knows how the 0.9 bitcoin payment for the listed firearms was made.
The witness replies whenever he came across suspicious financial transactions during his examination, he flagged them to colleagues working in financial crime investigations.
The accused is seen following the proceedings while holding a tablet, through which he is able to access the email exchanges being exhibited in court.
The witness then refers to another email dated 27 November 2018, allegedly sent from Fenech to the same email address 47@safemail.com, which reads: “???? is it ok?”
A further email, dated 12 January 2019, is also exhibited. Sent from Fenech to 47@safemail.com, the message reads: “So total scam. Not one single product?”
The witness confirms the email exchanges being shown to the court were extracted from the laptop seized from Yorgen Fenech’s yacht, Gio.
10:50: Jurors are back inside and police constable Sven Sammut takes the stand.
The court hears from the witness, who resumes the testimony he began on Saturday regarding the forensic extraction and analysis of documents recovered during the investigation.
Referring to a copy of emails extracted from the device he examined, the witness identifies an email dated 25 November 2018 sent from Fenech with the subject line “Regarding request.”
Reading from the email exchange, the witness tells the court the sender received a reply listing various firearms and prices, including a Glock pistol for €700 with 200 rounds of ammunition and a suppressor, a Scorpion automatic rifle, and a Browning firearm with 500 rounds of ammunition.
The witness then reads a subsequent reply allegedly sent from the same email account, in which the sender writes: “Can I change to 1x Glock, to 1x Scorpion? Send me total and I send now?”
The email exchange is displayed to the jurors.
10:48: Judge Edwina Grima says the material extracted from the laptop is admissible and notes that it had long formed part of the acts of the case.
She observes the defence had been in possession of the evidence and could have raised any objections at a much earlier stage.
The judge adds the evidence is not being admitted simply to cast the accused in a bad light, but because it may be relevant to the issues before the court.
10:36: The jurors have not yet entered the courtroom as Madam Justice Edwina Grima is considering the request raised by the defence.
Before proceedings resumed, a court deputy drew the judge’s attention to comments allegedly made by a member of the court staff. The judge was heard describing the remarks as “unacceptable” and instructed the individual be brought into the courtroom.
Visibly displeased, Madam Justice Grima reprimanded the staff member, saying such comments had no place in the courtroom.
“Passing comments like that is not acceptable,” the judge said, adding that court staff should focus on ensuring the courtroom’s sound system functions properly, rather than making remarks about fellow staff members.
Shortly afterwards, while defence lawyer Charles Mercieca was making submissions, the judge also reprimanded prosecutor Godwin Cini for making comments while counsel was addressing the court.
Court reporters did not hear both remarks as they are seated far away.
10:24: Judge Edwina Grima is back inside the courtroom.
The defence raises an objection regarding the scope of an upcoming witness, police constable Sven Sammut.
They argue the witness is expected to testify about the contents of several specific emails found in Yorgen Fenech’s laptop.
Defence lawyers argue the emails form part of separate criminal proceedings involving Yorgen Fenech. The separate proceedings concern allegations relating to the acquisition of a firearms on the dark web, which are being heard before Magistrate Nadine Sant Lia.
They stress the alleged events took place well after the murder of Daphne Caruana Galizia and were entirely unrelated to the charges before the jury. The defence maintain Fenech is not facing those charges in the current proceedings.
They contend that any reference to those emails could unfairly prejudice the accused by casting him in a negative light before the jury.
They therefore request that the court direct the prosecution and witnesses to avoid making any reference to those separate proceedings or to the existence of the emails.
The prosecution opposes the request, arguing the emails strengthen the prosecution’s case.
Prosecutors note the documents had already formed part of the acts of the case and pointed out that no objection had previously been raised to their inclusion.
They submit the evidence should remain admissible.
09:47: Forensic Laboratory sergeant Karl Micallef testifies next about fingerprints that he examined in 2019.
He speaks of how, using chemical enhancement techniques, forensic officers identified and lifted 70 fingerprints from the documents. He subsequently compiled a forensic report detailing the findings.
The next witness, though, is stuck in traffic and has not arrived at the law courts. An unimpressed Judge Edwina Grima orders the court to pause its proceedings until 10am so that the witness may arrive.
09:40: Chatzantoniou testifies that he carried out more than 500 examinations each year and that his examination produced a negative result, meaning he found no evidence indicating these documents had been falsified.
He says that his assessment was relatively quick because there were no obvious signs that the documents were fakes, but declines to explain the exact methodology as it is confidential.
During cross-examination, the defence asks whether comparing the questioned documents with the printer used to produce them would have assisted his analysis.
The expert replies while such a comparison was not essential, it would have been helpful.
Responding to questions from the jurors, he replies he had not been provided with a handwriting sample for comparison and added handwriting analysis did not fall within his area of expertise.
“I am not a handwriting expert, so it was not my concern,” he told the court.
09:20: Today’s first witness is Ioannis Chatzantoniou, a Europol officer who worked in the organisation’s forensics department.
He testifies that his job was to examine scans of documents and to determine the possibility of whether they were falsified or whether they were scans of the originals.
09:00: Good morning and welcome to today’s court-room live blog as the trial against Yorgen Fenech enters its 30th day
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