Yorgen Fenech trial: Court uproar as defence lawyer says Theuma should be ashamed of himself

Yorgen Fenech trial: Court uproar as defence lawyer says Theuma should be ashamed of himself

Melvin Theuma on Friday completed six days of testimony in the Yorgen Fenech murder trial, after the defence spent the final day attacking his credibility and challenging his account of his meetings at Castille, the assassination plot and his relationship with Fenech. 

The media was barred from live reporting on Friday and Saturday morning for security reasons, as jurors witnesses, court employees, and Yorgen Fenech visited some of the sites tied to the murder. 

The ban has now been lifted.

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.

Please refresh the page for updates

17:59 Today’s court hearing is over, which brings this live blog to an end.  The case resumes on Monday.

17:54 Melvin Theuma is done testifying.

Before he leaves after six days of questioning, he thanks bailiffs, the judge, his lawyers and his wife. 

17:52 The jury panel then posed a series of direct questions to Melvin Theuma.

Addressing the first juror’s question about whether he was an invited guest at the dinner at Yorgen Fenech’s ranch when he first met Keith Schembri, Theuma confirmed that Fenech had invited him that very day.

Answering a question from the second juror regarding whether he began working immediately after being offered the phantom government job, Theuma explained that he was handed him a cheque the day after he applied through Jobsplus, though the cheque was dated for May. When this same juror later followed up to ask if there was any possibility he had visited Castille twice regarding the job, Theuma firmly insisted he only went once.

Replying to a third juror who asked about the financial details of the assassination – specifically noting that while the killers were paid 150,000 euros, they later requested an additional 5,000 euros, and inquiring whether there was a separate payment for the bomb itself – Theuma stated that if there had been any extra expenses related to the bomb, Alfred Degiorgio never mentioned them to him.

17:44 Judge Edwina Grima asks Theuma whether he had met Edgar Brincat between his initial police statements in 2019 and his subsequent statements in mid-2020, to which Theuma replied that he could not remember.

Following this, defence lawyer Giannella de Marco asked the judge to question Theuma on whether he had been afraid of losing his presidential pardon upon realising he possessed recordings that he had not originally handed over to the police. Theuma maintained that while he felt deep remorse, he was not afraid.

17:42 Prosecutor Godwin Cini asks Theuma about the day he told Johann Cremona that he had made Yorgen Fenech cry, asking if he actually met Fenech later that same day. Theuma confirmed that he did. Cini then inquired about a dinner at Fenech’s ranch, with Theuma clarifying that he and Fenech were never alone at the table during that meal.

Cini also followed up on whether Theuma ever encountered Office of the Prime Minister official Sandro Craus again following his initial visit to Castille, referencing the visitor log presented earlier by the defence, to which Theuma answered that he did not.

Cini asked about Theuma’s deep remorse, referencing his suicide attempt in July 2020 by calling it an unfortunate incident. Visibly emotional, Theuma responded that he was extremely remorseful and felt huge regret for the victim.

17:26 Prosecutor Godwin Cini began his re-examination of Melvin Theuma with a few clarifying questions, starting with an inquiry about testimony given in the phantom job case. Cini asked who had advised the magistrate that Theuma risked incriminating himself, to which Theuma replied that it was Charles Mercieca, one of Yorgen Fenech’s defence lawyers.

Cini then moved on to an incident where Theuma and Keith Schembri shook hands in a courtroom, asking where Schembri had been seated at the time. Theuma explained that Schembri was seated behind him.

Cini questioned whether Theuma had spoken with Edgar Brincat during the eight-day period it took him to deliver his full police statement. Theuma denied doing so, explaining that he did not have a phone and was not in contact with Brincat or any members of his family during that window, adding that his lawyer kept copies of his statements.

17:19 De Marco put it to Melvin Theuma that his entire account involving Yorgen Fenech was fabricated and a figment of his imagination, questioning once more whether he had powerful backing to pull off such a murder. Theuma reiterated his demand for the court to examine the signature on the visitor slip, adding that his ultimate regret was getting involved in a murder and taking a woman’s life over information regarding Fenech.

When de Marco accused him of lying throughout the entire ordeal, Judge Edwina Grima intervened to reprimand the defence lawyer, stating that this was no proper way to conduct a cross-examination. De Marco pushed further, alleging that Theuma had struck a deal with Keith Schembri to secure a presidential pardon on the condition that he omitted Schembri’s name, pointing to the infamous photograph found hidden inside his ice cream box as evidence. Theuma denied the accusation, telling her she was mistaken.

De Marco told Theuma he should be ashamed of himself, a remark that immediately triggered chaos in the courtroom. Judge Grima scolded De Marco for the comment, while prosecutor Godwin Cini also shouted out in objection, earning a reprimand from the judge for yelling as well.

17:13 The defence presents an Office of the Prime Minister document dated March 2, 2017, which included Melvin Theuma’s ID card number on a visitor slip indicating a personal visit to Neville Craus from 12:51pm to 3:30pm. Theuma vehemently denied the document, calling it false and a lie, and insisted he never signed any paperwork when visiting Castille.

When de Marco pressed him on the length of the visit, arguing that nobody spends over two and a half hours in such a meeting, Theuma continued to protest his innocence and demanded that the court appoint an expert to compare his actual signature with the one on the visitor slip. Judge Edwina Grima stepped in to calm the tense courtroom down.

17:06 de Marco presents Melvin Theuma with text messages exchanged with his partner’s daughter. On February 28, 2017, Theuma texted her boasting, “They gave me a government job, I’ve got power.” Later that same day at 9pm, he messaged her instructing her to “cancel all the games” (hassar il-loghob kollu). Explaining the context in court, Theuma stated he was likely abroad at the time and had left her in charge of his illegal lottery operation. De Marco then highlighted another text sent to her asking if she knew where he had a meeting the following day, to which he answered “Castille.” Theuma acknowledged that this likely referred to his meeting with Keith Schembri, and noted a follow-up text on March 1 confirming the Castille meeting was scheduled for 3pm. Pointing out a chronological contradiction, de Marco noted that by March 1 he already possessed his government job from Castille, questioning the purpose of the meeting. Theuma nevertheless insisted that he had no other meetings at Castille. 

16:58 Proceedings resume with de Marco questioning Melvin Theuma about the frequency of his visits to Auberge de Castille and his interactions with Keith Schembri. Theuma maintained that he only met Schembri twice before the murder-once at a dinner and once at Castille-and that he visited Castille only once prior to the assassination, specifically a day or two after Yorgen Fenech commissioned the murder and told him that Daphne Caruana Galizia was going to publish information about “Mr Ray.”

When pressed on whether he signed any documents during his visit, Theuma denied doing so. De Marco then asked about a meeting with Schembri at a ranch, during which Theuma clarified that they merely shook hands without speaking. She also asked whether he returned to Castille the day after his initial visit, to which Theuma replied he did not, noting instead that he was directed to meet Anthony Muscat at the family ministry. When de Marco repeatedly pressed if he visited Castille on other occasions or spoke to Schembri further, Theuma insisted he was entirely sure he had not.

16:40 Theuma reiterated his previous claim that Yorgen Fenech had instructed him to call off the murder plot when the 2017 general election date was announced. De Marco countered by pointing out that Fenech was not a politician. Just as she was about to press him further, Judge Edwina Grima briefly suspended Theuma’s testimony because he appeared unwell, and he was escorted out of the courtroom while everyone else stayed in their places. After just a minute, Theuma returned and retook his seat on the witness stand. 

16:37 De Marco shifted her questioning to Melvin Theuma’s visits to Auberge de Castille, the Prime Minister’s office. Theuma stated that he went there on three occasions: first, to meet Keith Schembri regarding his controversial phantom government job; second, to meet Schembri’s secretary, Charlene Bianco Farrugia, to sort out an Enemalta utility permit for a piece of land; and third, to attend a Christmas reception hosted by the Prime Minister. Following this exchange, the defence requested that a specific audio recording between Theuma and Yorgen Fenech be played in court, prompting court experts to search through virtual folders to locate the file. 

16:27 De Marco then questions whether Theuma gave any indication to the hitmen about the identity of the person pulling the strings. Theuma insists that no names were mentioned to Degiorgio at that stage, repeating that the hitmen were solely focused on the financial payout rather than the identity of the mastermind. 

16:24 Gianella De Marco argues that Daphne Caruana Galizia was too high-profile a target to be assassinated without powerful backing behind the plot. She noted that Theuma had hired Alfred Degiorgio to eliminate a journalist well-known across Malta who wrote extensively, and reminded the court that Theuma himself had driven her in his taxi and knew who she was.

Theuma scoffed at the suggestion of having powerful backing, exclaiming, “Power, as if! As if I knew who she was.” De Marco argued that a murder of that magnitude required knowing who held the power behind it, pointing out that since Theuma was not a powerful person himself, Alfred Degiorgio surely would have wanted to know who was bankrolling the operation. Theuma maintained that Degiorgio never asked about the mastermind, stating simply that he only cared about whether the person would pay.

16:17 De Marco narrows her line of questioning further, accusing Melvin Theuma of possessing secret recordings of Keith Schembri and being worried that the police would uncover them. Theuma flatly denied the claim, calling it impossible and emphasizing that he had only ever met Keith Schembri twice in his life. 

16:15 de Marco suggested that Melvin Theuma was selective about the recordings he handed over to the police, noting that he initially kept quiet about the audio files involving Johann Cremona. Theuma insisted that he had already informed lead investigator Keith Arnaud about them. When de Marco read from his previous testimony before the inquiry magistrate where Arnaud had confronted him about the Cremona recordings and Theuma had answered “yes, maybe,” Theuma stated he could not recall that specific exchange. He maintained, however, that he had spoken to Arnaud on the sidelines of a court sitting during the compilation of evidence to tell him about the files. De Marco pressed further, accusing him of removing recordings involving other people, to which Theuma replied that he had no others and that the police found everything he possessed. De Marco countered that the police had discovered them rather than receiving them from him, pointing out that he had originally told investigators he threw them away. Frustrated by the accusation, Theuma turned directly to the judge and offered to name every single recording if she wished. 

16:02 De Marco pressed further on how the hitmen were contacted. Theuma replied that because Yorgen Fenech had mentioned George Degiorgio and he knew George was Alfred’s brother, he asked for Alfred instead. De Marco challenged him, arguing that he specifically chose Alfred and opted against using it-Topo or George, but Theuma maintained that he simply did not have George’s phone number or know him personally, reiterating that he only sought them out because he was willing to do anything for Fenech. 

15:59 De Marco presses Theuma to recall the moment Yorgen Fenech allegedly first commissioned the assassination a few weeks prior to the 2017 general election. Theuma recounted finishing his taxi shift, parking his vehicle, and making a coffee before receiving a call from Fenech asking to meet at the Hilton near the Blue Elephant restaurant, where Fenech instructed him to contact George Degiorgio to have Daphne Caruana Galizia killed.

When de Marco asked if Fenech was aware of any involvement in the 2007 HSBC heist where robbers stole around 1 million euros from the Balzan branch, Theuma denied having any part in it. After listing various crimes included in Theuma’s presidential pardon, de Marco pointed out that the Fenech family had no knowledge of his criminal connections. She then questioned how Fenech could have abruptly called him out of the blue to a crowded marina filled with people, yachts, and restaurants to simply ask if he knew George Degiorgio.

Theuma confirmed that was precisely what happened, adding that by the time he arrived home, he had already reached out to Darren Debono, known as it-Topo, and Alfred Degiorgio, known as il-Fulu, to arrange a meeting for the following day. When de Marco challenged him by asking if he would just kill someone simply because he was told to, Theuma admitted to his blind compliance with Fenech, stating that it showed how he would say yes to everything Fenech asked of him and concluding that he did it for him.

15:53 De Marco brought up testimony from Vince Muscat, known as il-Koħhu, who claimed that after the assassination he invited the killers to dinner at the Valletta Waterfront, though the others rejected the idea as a bad one. Theuma flatly rejected the claim, repeating “No, no, no.” When De Marco asked if that meant Muscat was lying, Theuma pointed to a recent confrontation between himself and George Degiorgio that took place two days prior, asserting that he had lied and leaving it to the judge and jury to decide the truth. 

15:50 De Marco points out a discrepancy in his assets, noting that while Theuma had previously claimed to own 10 properties, a past witness testified that he actually owned 18. Asking why he wouldn’t use his extensive real estate portfolio, rental income, and taxi business to pay the victims’ family, De Marco challenged whether his remorse had its limits. Theuma replied that if they won the civil suit, he would pay, adding that money cannot be compared to remorse and that he would rather wake up as a normal working man than live with the murder on his conscience. He said that when he was in a dark place and reached out via text, Matthew and Paul Caruana Galizia actually answered him.

15:48 Gianella De Marco pointed out that Melvin Theuma had previously testified about occasionally texting Matthew and Paul Caruana Galizia, two of the victim’s sons, questioning how he could embrace Paul in court while simultaneously refusing to pay the money demanded of him if he truly felt remorse. Theuma responded that his remorse would remain with him for the rest of his life and acknowledged that he did hug Paul, but explained that he still wanted to ensure his own son was left with something after he died. 

15:40 Melvin Theuma insists that he has always respected the Fenech family and continues to do so, but stated that he cannot forgive what Yorgen Fenech did to him by pulling him into the murder plot. When defence lawyer Gianella De Marco asked if he also asked Ray Fenech for money, Theuma confirmed that he sent him a text message asking Ray Fenech to cover his mounting debts. Explaining his desperation, Theuma said he told him that the Caruana Galizia family was suing him for 2 million euros and that he was deeply worried about leaving his son penniless. He added that Ray Fenech ultimately did not give him any money. 

15:37 Shifting the line of questioning, Gianella De Marco asks Melvin Theuma whether he approached Ray Fenech, Yorgen’s uncle, to ask for a job after Yorgen had been arrested and charged. With a hoarse and emotional voice, Theuma confirmed that he did. Speaking of Yorgen Fenech, Theuma expressed his torment, saying he did not know why Yorgen picked him to carry out the murder, and tearfully appealed to the judge that he could not take any more.

De Marco pressed further, suggesting that even when Theuma suspected Keith Schembri was trying to have him killed, he still turned to Yorgen Fenech for help because he knew Fenech had never done anything to him. Choking back his emotion, Theuma retorted that Fenech never did anything to him, “except make me kill Daphne Caruana Galizia.”

15:30 Following the court’s ruling and formal caution, Melvin Theuma and the jurors returned to the courtroom. Judge Edwina Grima informs Theuma that he could request a pause in his testimony at any time if he felt unwell and explicitly advised him of his right to decline answering questions regarding drug-related offenses.

Gianella De Marco resumes her cross-examination by asking Theuma whether he had provided Yorgen Fenech with any drugs, to which Theuma invoked his right and replied, “I choose not to reply.” When de Marco followed up by asking if he kept drugs in his taxi, if he handed Fenech cocaine packets concealed inside a Pringles container, and if he engaged in selling drugs, Theuma firmly repeated the same response to each question. When De Marco pressed him on knowing that Fenech was trying to overcome his addiction and attending rehab while still allegedly being supplied drugs by him, Theuma once again declined to answer.

15:30 Judge Edwina Grima delivered her ruling on the scope of Melvin Theuma’s presidential pardon, concluding that it is not a blanket pardon. The court pointed out that a specific section of the document dictates that the pardon applies strictly “to the following crimes” and proceeds to list five specific offenses. Furthermore, the terms stipulate that if Theuma was involved in any crimes that he failed to disclose to the police, the pardon remains subject to withdrawal.

Consequently, the court established that Theuma must be officially cautioned before answering any questions concerning potential crimes that are not explicitly included in the listed offences – such as the inquiry into whether he provided drugs to Yorgen Fenech.

15:25 The jurors and Melvin Theuma were asked to step out of the courtroom while the legal teams engaged in a debate over a point of law. Judge Edwina Grima noted that the defence appeared to be correct, as a clause in Theuma’s presidential pardon explicitly states that it covers offences he was involved in up to the date it was issued. Theuma’s lawyer, Kathleen Grima, explained her legal interpretation of the text. While both Kathleen Grima and the prosecutors maintained that Theuma’s pardon is restricted in scope, Yorgen Fenech’s defence lawyers argued otherwise. This disagreement recalls a previous criminal case concerning Theuma’s phantom government job, where Theuma refused to undergo cross-examination because he lacked legal certainty that his pardon covered that specific offense. That refusal ultimately led to the acquittal of all those charged, including Yorgen Fenech and Keith Schembri, with Fenech’s legal team having argued back then that the pardon was indeed restricted and failed to cover those particular charges. 

15:17 De Marco then asked whether Theuma had ever supplied drugs to Yorgen Fenech, referencing recorded conversations between Theuma and Johann Cremona where Theuma discussed Fenech’s struggles with addiction, called him a “kid,” mentioned rehab, and expressed anger when Fenech would disappear and become unreachable for days. Theuma denied ever giving Fenech drugs. At that point, the judge intervened to caution Theuma that his presidential pardon did not explicitly mention drug-related offences, meaning he could still face prosecution if he self-incriminated. However, defence lawyer Charles Mercieca countered that a specific clause within Theuma’s pardon broadly covered all offences committed prior to the pardon’s date.

15:05 Taking the witness stand, Theuma was questioned by defence lawyer Gianella De Marco regarding who knew about the murder plan, to which Theuma stated that Alfred Degiorgio (“il-Fulu”) made those decisions, specifically instructing Theuma not to mention anything to Darren Debono, known as it-Topo, because he would not be involved.

15:00 Judge Edwina Grima and the jurors entered the courtroom for the resumed cross-examination of Melvin Theuma, with many jurors dressed casually in recognition of the public holiday. 

 


RSS Feed Source: Independent Malta Yorgen Fenech trial: Court uproar as defence lawyer says Theuma should be ashamed of himself