Yorgen Fenech trial: Keith Schembri claims defence lawyers offered to bribe witness
Former Office of the Prime Minister chief of staff Keith Schembri on Tuesday described his long-standing friendship with Yorgen Fenech, denied ever having had business dealings with him, and rejected suggestions that he had inside knowledge of the investigation into the assassination of Daphne Caruana Galizia as he took the witness stand in the trial by jury of the businessman accused of complicity in her murder.
Schembri spent more than two hours on the witness stand on Tuesday morning, facing extensive questioning by prosecutors on his relationship with Yorgen Fenech, his contacts with murder middleman Melvin Theuma, and the investigation that followed the assassination of journalist Daphne Caruana Galizia.
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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19:50 Cini asks Cremona who he is afraid of.
“Only God,” the witness replies.
“I’m in bits (iżżarmajt). I’ve been through a lot. I haven’t laughed since 16 May, 2019. I’m afraid of hanging out with my friends.”
Judge Grima dismisses Cremona from the witness stand and adjourns the case until 9.30am tomorrow.
Schembri is to remain under court surveillance while he continues giving evidence.
19:46 Prosecutor Godwin Cini asks Cremona about an earlier exchange with lawyer Gianluca Caruana Curran, when the witness pointed at him and said, “You’d better not open your mouth.”
“I was very angry, and I saw that I was the victim,” Cremona replies. “When I saw how the defence was attacking me, I felt like a failed man. I’m trying to start a small business and I don’t want it to fail.”
Cini then asks why Cremona had earlier said he had “no one else”.
“Because everyone betrays you,” the witness replies.
“Tell the jurors the truth. It’s your last chance. Tell the truth, and be at peace,” Cini tells him.
“Dr Cini, I’m seeing a psychiatrist because I’m not well,” Cremona replies before bursting into tears.
“Just tell the truth, and you will rest. The truth will ease your worries,” Cini says.
At that point, defence lawyer Giannella de Marco interjects, saying, “Hold on.”
“I want to be alone. I want to be alone,” Cremona says.
19:44 After the court delivers its ruling, Judge Edwina Grima once again asks Johann Cremona whether he was ever approached or offered money by anyone.
Cremona gives the same reply as before: “I made it up.”
19:38 Jurors are brought back to the courtroom, as well as Cremona.
19:36 Judge Grima dismisses both the defence’s objection and the prosecution’s request for a psychological assessment of Cremona.
Delivering the court’s ruling, the judge says courts have the power to order the arrest of a witness when they believe it is necessary and that exercising that power “does not mean they are being partial”.
The court notes that Cremona was asked whether anyone had offered him money, whether anyone had spoken to him about his testimony, and whether he had discussed his evidence with Keith Schembri.
According to the ruling, the witness was visibly unwilling to answer those questions and repeatedly pleaded with the court not to respond. It was only afterwards that he claimed he had made the story up.
The court says it was therefore justified in warning Cremona that he could be arrested if he continued refusing to answer.
Judge Grima adds that it is ultimately for the jurors alone to decide whether they believe the witness, and that nothing said by the court should influence their assessment of the evidence.
19:25 The prosecution argues that Cremona was clearly frightened and holding back during his testimony.
Prosecutors say he never denied Schembri’s allegations outright, but instead lacked the courage to explain what had really happened, only claiming much later that he had made everything up.
They point to remarks such as, “I no longer have anyone to be with in this world,” and “I will take all the blame,” arguing these showed he was too afraid to admit he had been offered money.
The prosecution says Judge Grima recognised this and warned Cremona he could be arrested if he continued refusing to tell the truth.
Prosecutors add that if Cremona had truly been afraid of Schembri, he would not have claimed in Schembri’s presence that he had fabricated the story. Instead, they argue, the witness is afraid of Yorgen Fenech.
They ask the court to order a psychological assessment of Cremona and place him under suicide watch.
19:20 De Marco formally enters her objection into the court record.
She argues that Cremona has repeatedly said he was making things up, including his claims that he met Schembri at Castille and that the two discussed their testimony.
De Marco says Schembri is angry at the defence because of what has emerged about him during the trial, and “came up with this claim that Cremona was offered a bribe out of the blue”. She also notes that Schembri had to be reprimanded twice by Judge Grima for staring at the witness.
She further argues that the judge’s warning that Cremona could be kept under arrest until he tells the truth could prejudice the jury, suggesting the court does not trust lawyers Charles Mercieca and Gianluca Caruana Curran.
De Marco adds that it could also leave Cremona believing he would remain under arrest unless he said he had been offered money.
19:07 Jurors and Cremona are ordered out of the courtroom as defence lawyer Giannella de Marco raises a legal objection.
De Marco says she objects to Judge Grima repeatedly telling Cremona that she does not believe his testimony, pointing out that the witness had repeatedly claimed during his evidence that he had bluffed Melvin Theuma.
“These two lawyers don’t even have his number,” de Marco says, referring to Charles Mercieca and Gianluca Caruana Curran.
She argues that if the judge continues along that line of questioning, she will request the dissolution of the jury “because it will be clear the judge is not impartial”.
Judge Grima rejects the criticism.
“It is clear someone is trying to cover things up. The court has a duty to investigate. It is clear Cremona is trying to protect someone. He told me, ‘I will take the blame’,” the judge says.
Judge Grima then instructs de Marco to formally place her objection on the court record.
19:00 Judge Grima asks Cremona when Schembri told him he had met Yorgen Fenech’s lawyers.
“Around two days before his testimony in 2020. I told him he was crazy,” Cremona replies.
Judge Grima asks: “So you made this up like you used to make things up to Melvin Theuma?”
Cremona remains silent.
“I’ll ask you one more time,” the judge says.
“I made it up, your Honour,” Cremona replies.
Prosecutor Godwin Cini then asks why he had earlier said, “I’ll take all the blame.”
“That’s what came to mind,” Cremona says.
Judge Grima warns that she can have him arrested until the following morning “to help refresh his memory.”
18:57 Judge Grima refuses the prosecution’s request for Cremona to continue testifying behind closed doors.
“I made it up,” Cremona insists.
Judge Grima asks: “Did you want to harm someone, or did someone tell you to harm someone?”
“I don’t want to harm anyone,” Cremona replies.
“I’m not believing you. You didn’t make it up. If you had, you would have said so immediately. You will be held under arrest until you speak the truth,” the judge tells him.
“Please, Mrs. Please, please,” Cremona pleads.
“You’re not telling the truth,” Judge Grima replies.
“I made it up. I felt I had to tell Mr Schembri that,” Cremona says.
Judge Grima asks how long ago that happened.
“I don’t know. We sometimes text about football, but we hadn’t spoken about the case in a long time,” Cremona replies.
“Did you speak face-to-face?” the judge asks.
“I don’t remember,” Cremona says.
18:55 Cremona insists he may have invented the story he told Schembri.
“Maybe I told him that because I made it up,” he says.
Judge Grima questions why he would fabricate such allegations.
“Why would you make that up to Schembri? Why did you speak last week?” she asks.
“It wasn’t last week. It’s been a while since we discussed this.”
“You felt you had to make things up about the lawyers? Did you agree on your testimony?” she asks.
Turning to Schembri, the judge asks whether he still stands by his account.
“You still maintain that he told you these things?”
“Yes, absolutely,” Schembri replies.
The prosecution then asks for Cremona to continue his testimony behind closed doors, arguing that the witness is clearly frightened and may fear repercussions because he was mentioned in Melvin Theuma’s recordings.
Cremona suddenly turns towards defence lawyer Giannella de Marco and shouts: “Don’t create more trouble!”
18:47 Judge Grima continues pressing Cremona over what he told Schembri.
“What did you tell Keith Schembri?” the judge asks.
“Please…” Cremona replies, looking down.
The judge asks whether he mentioned specific sums of money to Schembri.
“I will take the blame. I will assume all consequences,” Cremona says, even if he ends up in prison.
He then adds: “There’s no one left for me in life.”
Judge Grima warns that he will remain in court until he tells the truth.
“Are you afraid of someone?” she asks.
“No,” Cremona replies.
“So tell me. Who offered you money?”
“Maybe I made it up,” Cremona says.
“I heard another version,” Judge Grima tells him.
“I’m not saying Schembri is lying,” Cremona replies.
“I don’t believe you made it up,” the judge says.
18:41 Judge Grima asks Cremona whether he spoke to Keith Schembri.
“Maybe,” Cremona replies.
The judge then asks what he told Schembri and whether it was true that he had been offered first €200,000 and then €400,000.
At that point, Schembri glares at the witness.
“Don’t look at him, Mr Schembri,” the judge says.
Addressing Cremona, she warns him that he must tell the truth or face arrest, before asking who had given him the screenshot.
“Keith Schembri. He sent it to me in 2020,” Cremona replies.
The judge then asks how he responded.
“I didn’t,” Cremona says.
18:37 Judge Edwina Grima warns Cremona that he could be arrested if he refuses to answer the court’s questions.
Cremona remains silent, looking down.
The judge again asks whether he was approached, seeking a yes-or-no answer.
Cremona asks whether he is not allowed to refuse to answer.
The judge tells him he must reply and asks why he is finding it so difficult.
“I don’t want to harm anyone,” Cremona repeats.
The judge then asks whether he was offered money.
Cremona remains silent.
18:35 The judge asks whether lawyers Charles Mercieca and Gianluca Caruana Curran ever approached him about his testimony.
“I can take the blame for everything… I don’t want to hurt anyone,” Cremona replies.
The judge presses him to answer, asking what he is afraid of.
“I don’t want to harm anyone,” Cremona says.
The judge repeats the question, asking for a simple yes or no answer.
“I don’t want to answer,” Cremona replies.
18:24 Cremona is in court at the judge’s orders, as is the judge and jurors. He will be answering questions posed by Judge Edwina Grima
17:37 Proceedings are temporarily paused while court marshals bring Johann Cremona back to court.
Once he arrives, the judge will question him directly.
17:35 Prosecutors ask the court to order a confrontation between witnesses following Keith Schembri’s testimony.
Schembri had claimed that Johann Cremona was offered a €400,000 bribe by Yorgen Fenech’s lawyers before giving evidence. However, Cremona made no mention of any such offer during his own testimony.
The prosecution argues that Cremona should be recalled to answer questions about what it describes as a serious allegation that the defence attempted to bribe a witness.
Fenech’s lawyers object to the request.
The court rules in the prosecution’s favour and orders that Cremona be brought back to court immediately. Court marshals are instructed to fetch him.
17:00 The screenshot shows Schembri sending a WhatsApp message to Charles Mercieca telling him to “use Signal”, the encrypted messaging application that, at the time, offered disappearing messages unlike WhatsApp.
Asked about the exchange, Schembri says he cannot remember the context.
“It may have been a joke,” he says.
Prosecutor Cini questions that explanation, asking whether it was really a joke given that the message was sent eight days before Schembri was due to testify.
“I don’t know,” Schembri replies.
Cini then asks whether the message was sent before or after Schembri’s meeting with Fenech’s lawyers.
“I don’t remember,” Schembri says.
The court then adjourns for a 15-minute break.
16:53 Court technicians are still unable to display the screenshot on the courtroom monitors.
IT expert Martin Bajada steps in, offering to show the image on his laptop instead.
He is now walking around the courtroom with the laptop, allowing each juror to view the message individually on the screen.
16:50 The prosecution turns to a Signal message sent by Yorgen Fenech’s lawyer, Charles Mercieca, to Schembri on 14 June, 2020.
Prosecutor Cini asks Schembri whether he recalls the message and whether he spoke to Mercieca on that date.
The contents of the exchange remain unclear, as the court has been attempting to display a screenshot of the conversation on courtroom monitors for the past 10 minutes.
16:40 Cini asks Schembri whether he told anyone about his meeting with Yorgen Fenech’s lawyers.
Schembri replies that he informed his lawyers, Edward Gatt and Mark Vassallo.
Cini then asks whether he updated the very important person he had mentioned earlier about the meeting.
Schembri replies that he did not.
“I had no need to,” he says.
16:33 Schembri is asked to identify the “very important person” he referred to.
However, the judge orders that this part of the testimony cannot be reported by the media.
16:27 The prosecution returns to Johann Cremona.
Schembri claims he was informed that Cremona had been offered first €200,000 and later €400,000 to testify in Yorgen Fenech’s favour.
He goes on to recount another incident, saying that around two days before he was due to testify, “somebody important” called him to say that Gianluca Caruana Curran and Charles Mercieca wanted to meet him.
“I met them and they told me, ‘Help Yorgen,'” Schembri says. “I told them, ‘How can I help him more than I already have?'”
16:20 Cini asks Schembri when he first started receiving information about Melvin Theuma.
Before Cini can finish the question, Schembri interjects, saying that had he known beforehand, he would have handed the Prime Minister his resignation.
Cini then asks why Yorgen Fenech “vanished” after Vince Muscat, known as il-Koħħu, began speaking to police.
Schembri replies that Fenech had a cocaine addiction but says he does not know what led him into that situation.
16:15 Schembri describes Melvin Theuma as being “money hungry”.
He claims Theuma owned more than €900,000 worth of property and had large amounts of cash hidden away.
Schembri adds that former police commissioner Lawrence Cutajar had told them that charging Theuma with money laundering “would have been too easy”.
16:05 Testimony resumes in open court after Schembri concludes his evidence behind closed doors. Prosecutor Godwin Cini continues his questioning.
Cini asks Schembri when he first learned that Melvin Theuma was Yorgen Fenech’s driver.
Schembri replies that he found out after Theuma was arrested.
Cini then asks when Fenech had told him that Theuma was his driver.
“I don’t know,” Schembri replies.
Cini presses further, asking whether, despite his frequent meetings with Fenech, he had never been told that Theuma was his driver or that the two had travelled abroad together.
Schembri says too much time has passed for him to remember.
15:50 When prosecutor Godwin Cini asked Keith Schembri what else he knew about Johann Cremona besides his business relationship with Yorgen Fenech, Schembri stated that Cremona worked on lotto booths. When further asked what he knew about Melvin Theuma in 2018, Schembri replied that he could testify about it behind closed doors because the police commissioner and the attorney general kept them updated on what was happening. When Cini asked what he meant by that, Schembri said he did not feel comfortable testifying about what the Malta Security Services had told them and requested to speak only if the media was not in the courtroom. The court agreed to his request, precluding reporters from covering the testimony until the judge allows the media back in.
15:43 Schembri confirms that he knew Johann Cremona as a business partner of Yorgen Fenech, noting that Cremona had many nicknames like Ix-Xlukkajr and is-Cigar. When the prosecution asked how long he had known Cremona by April 2018, Schembri replied it had been two or three years, recalling that they once met at Castille regarding an issue with small gaming enterprises and that before Cremona left, he asked if he had seen Yorgen and to send him regards. Asked why he asked Cremona about Yorgen Fenech, Schembri explained that Fenech had vanished from the face of the Earth and he hadn’t spoken to him in months.
15:36 Schembri denies asking Kenneth Camilleri to do anything for him in 2018, countering Camilleri’s testimony that Schembri had sent him to calm down Melvin Theuma. When asked how he knew Camilleri, Schembri explained that Camilleri was one of Joseph Muscat’s security guards, noting that he would be locked up in his office and did not see him much, and whenever he did, he just kept walking. Schembri also denied telling Camilleri in 2018 that Johann Cremona was going to pick him up and drive him to meet someone, stating that he did not even have Kenneth’s phone number.
15:30 When asked to describe his relationship with Yorgen Fenech, Keith Schembri characterized Fenech as a very good friend. Schembri also confirmed that he had previously stated he would go into fire for Fenech.
15:23 The sitting is expected to resume soon. Former OPM chief of staff Keith Schembri will continue his testimony.
13:25 The sitting is adjourned for lunch
13:20: Schembri is asked why Fenech would have wanted to interfere with the murder investigation, but Judge Edwina Grima disallows the question.
Prosecutors move onto a screenshot of a Signal message found inside Melvin Theuma’s ice-cream box, which was between Fenech and the middleman and reads: “Bit by bit. Stay calm. They have informed Ta’ Maksar that he has already said the bomb was assembled in the Żebbuġ garage.”
Asked how Fenech knew about the Maksar gang, Schembri says he doesn’t know and that not even he knew at the time.
The defence raises a point of law, and the jury and witness are ordered out of the courtroom while it is discussed.
13:15: Schembri confirms that Vince Muscat had been ready to speak to the police, but says that he wasn’t involved in that – he had only been told about it by Arnaud and Joseph Muscat.
“The attorney general and police commissioner agreed that a pardon for Kohhu would be useless because it was all hearsay,” he says, adding that he had been told this at a briefing.
The briefings did not delve into exactly what Vince Muscat had been saying.
Asked about Melvin Theuma’s recordings, Schembri says he only listened to them through the media.
Prosecutors ask Schembri how Fenech seemed to know that the police knew that the Maksar brothers had provided the bomb that killed Caruana Galizia, but Schembri replies that he does not know.
12:58: Schembri says that he would plan meetings about the murder investigation involving the Attorney General, investigators, army chiefs and others. He says that Arnaud would ask for the meetings, while sometimes the Prime Minister asked for an update.
These meetings would be held at Castille, and Schembri says that he would only be there for five minutes to make sure everything was ok and then he’d leave.
He said that the dates of raids that led to the arrest of the hitmen – raids which the hitmen said they knew about weeks in advance – were discussed during those meetings.
Asked whether he had told anyone about the raids, Schembri says he hadn’t but adds that MaltaToday’s managing editor Saviour Balzan had published an article the day before saying ‘now you’ll know tomorrow.’
Asked how Theuma knew about the arrest date and whether he had mentioned it to Fenech, Schembri says he doesn’t know how Theuma knew and that he did not say anything to Schembri.
He also says that Fenech never told him why he had sent Theuma to warn the hitmen about their upcoming arrest.
12:40: After a brief discussion without the jury present as to what can and cannot be asked to the witness, Schembri is confronted with reportage that had revealed the financial links between 17 Black and companies belong to Schembri and Konrad Mizzi.
He replies that the allegation was not true.
He is also asked about the offshore firms Hearville – which belonged to Konrad Mizzi, Macbridge – which belonged to Cheng Chen, and Egrant.
Schembri describes Egrant as a “coup d’etat against Malta’s prime minister. It was a shell company for nobody.”
12.17 Keith Schembri confirms that Tillgate was his Panama-registered company, explaining that when he opened his New Zealand trust, he was told he needed a company in Panama to transfer money from. When the prosecution noted that one of its main clients was 17 Black and asked if he ever discussed it, Schembri denied doing so, stating that they only talked about future business they could do once he was out of politics, including recycling ventures. Asked about the plan for 17 Black after politics, Schembri replied that they had no arrangement, and when asked if he had any connection to 17 Black at the time of the blog post, he answered that he had none, apart from 17 Black being listed as a potential target client for Tillgate.
12:09 The prosecution asks Keith Schembri about Daphne Caruana Galizia mentioning the company 17 Black, to which Schembri responded that his time in politics was transitory because he had planned on doing business with important people after leaving office. He explained that he originally opened a trust at the Bank of Valletta and placed all his assets in it, but after learning that the Nationalist Party knew about it, he decided to open a trust in New Zealand. Schembri denies ever discussing Caruana Galizia’s blog posts with Fenech.
11.59 Keith Schembri testifies that Daphne Caruana Galizia had written about him, including reporting on his trip to the USA for cancer treatment and claiming he did not have long to live, which left his parents and children shocked. He stated that he disliked her writing about him and his family, noting she would detail when they went abroad and leave their children home alone, and added that he also disliked when she wrote about Joseph Muscat’s children. Schembri acknowledged she wrote about the Panama Papers and claimed he had money seized, and mentioned that he was advised by Kurt Farrugia and Matthew Carbone to keep a copy of everything she wrote about him. When asked how he felt, he explained he would be angry for the first week before it died down, discussing her writings with Joseph Muscat, Mark Farrugia, and his children, and confirmed that he also discussed them with Yorgen Fenech, recalling that Fenech had once told him to look at what she had written about him while Schembri was in the United States.
11:53 Turning to the day of Daphne Caruana Galizia’s murder in October 2017, Schembri testified that he was at the office with Prime Minister Joseph Muscat and head of government communications Kurt Farrugia, recalling that he was shocked and that Muscat turned to him saying they had to catch the perpetrators, prompting Schembri to immediately request help from Europol.
11:50 Schembri explained that he only realized Melvin Theuma was at the ranch when someone walked up to him, pointed at Theuma, and told him, “That’s Melvin Theuma.”
11:48 When asked about politicians and businesspeople hosted at Yorgen Fenech’s ranch, Keith Schembri stated he could not remember most of them, but nodded in confirmation when the prosecution asked if he had seen police officers there, specifically recalling former lead murder investigator Silvio Valletta, while adding that he visited the ranch between five and ten times.
11:46 Schembri stated that he could not recall the exact number of times he visited Yorgen Fenech’s ranch, mentioning that he started going both before and after the 2017 general election, and confirmed under questioning by the prosecution that he continued visiting the ranch even after the murder of Daphne Caruana Galizia.
11:43 Keith Schembri testifies that he met Melvin Theuma on only two other occasions – once in his office and once at Yorgen Fenech’s ranch – though he did not realize who Theuma was at the time and failed to recognize him because Theuma wore a suit in the office but dressed differently at the ranch. When the prosecution asked how he knew Theuma had been at the ranch if he didn’t recognise him, Schembri explained that someone told him, though he could not recall who, and added that he could not remember who else was present at the ranch that day.
11:33 Keith Schembri testifies that if Melvin Theuma was present at Yorgen Fenech’s ranch, he did not recognise him. When the prosecution asked what Theuma told him during their meeting in his office, Schembri stated that Theuma asked for a job and that he told him he would connect him to the person who could help. Denying that Theuma mentioned working as a taxi driver, Schembri was reminded by the prosecution that during his previous testimony before Magistrate Rachel Montebello, he had stated he had heard of Theuma before because he sometimes served as Fenech’s driver.
11:29 Keith Schembri was questioned by the prosecution about the infamous photo of himself with Melvin Theuma, explaining that it was taken during the run-up to the 2017 general election when Theuma came to his office. Schembri states that he did not know who Theuma was at the time because he would see many people, but he offered him a coffee, after which Theuma asked for a photo with them standing in front of the prime minister’s photograph. Schembri added that he called Sandro Craus into his office to take the picture and noted that people would normally call OPM customer care to book appointments. When the prosecution asked if he knew Theuma was coming or if Yorgen Fenech had told him about it, Schembri replied that nobody told him and that he did not recall, citing that his memory had been affected by his cancer.
11:26 Schembri states that while he and Fenech never did business together, his own father had sold some plots of land to Fenech’s family. When asked about visiting Fenech’s house, Schembri recalled one specific visit on the day after Boxing Day, which fell on December 27.
11:19 Keith Schembri testifies that he was closer to Yorgen Fenech’s brother, and although he and Fenech lost touch for some years, they remained friends and reconnected after meeting at the Axis nightclub and when Schembri became the Prime Minister’s Office chief of staff in 2013. He explains that they chatted over WhatsApp or Signal just like he would speak to many others, discussing family and business sometimes daily or sometimes going weeks or months without speaking, and noted that Yorgen would also visit Castille at times due to the Electrogas project, given that Fenech was a shareholder in the power station consortium. Schembri added that when he had cancer in 2015, Yorgen came to his house twice and he went to Yorgen’s place twice, sometimes visiting his ranch where his family would be present, and that he also went on his boat once.
11:11 Schembri says he was OPM chief of staff when the assassination of Daphne Caruana Galizia happened in 2017. He adds that he and Yorgen Fenech have known each other since when they were young, 14 and 12.
11:07 Before his testimony begins, the court instructs Schembri not to make any reference to Yorgen Fenech having requested a presidential pardon.
The judge also reminds Schembri of his right not to answer any question if his reply could incriminate him.
“I will testify about everything,” Schembri replies.
“It is in your hands,” the judge tells him.
11:06 Keith Schembri is next on the witness stand. The former OPM chief of staff is the court’s next witness.
10.40 The judge calls a 30-minute break.
10:37 Europol digital forensics expert Daniel Fernandes Mallheiro also testifies via video link.
His testimony largely mirrors that of his Europol colleague, Margarita Louka. He carried out the forensic examination as part of a money laundering investigation involving Melvin Theuma.
He explains that his role involved the extraction and analysis of data from the exhibits seized from Theuma and members of his family.
Referring to his report, Mallheiro confirms that he personally carried out the forensic extractions and analysis of the listed devices.
10:22 The witness is questioned about one of her reports. She explains that the police asked her to verify the date and time attached to the voice recordings found on one of the exhibits.
To do this, she obtained a brand-new device of the exact same make and model as the one from which the recordings originated.
She tested how the device records voice notes.
Her findings were that the timestamps shown on the recordings are the actual timestamps generated by the device.
However, she cannot confirm that the recordings were actually made on those real-world dates and times.
09:53 Europol digital forensics expert Margarita Louka takes the stand. Referring to her forensic report, she tells the court that a request for assistance came from the Maltese police.
She confirms that she carried out the forensic extraction of devices belonging to Melvin Theuma, Charmaine Zammit, Shianne Zammit and Ryan Farrugia.
Louka explains that the forensic acquisition took place in Malta at the Malta Security Service premises in Valletta in 2019.
09:45 The jurors enter the courtroom and digital forensics expert Martin Bajada is first on the witness stand.
Bajada tells the court that he was appointed to examine the screenshots presented by Johann Cremona in court, which were used to accuse Fenech’s defence lawyers of colluding with Keith Schembri the day before Schembri was due to testify in the compilation of evidence.
Explaining his analysis, Bajada says the material consists of two separate screenshots-one showing a WhatsApp message and the other a phone call.
He says the image appears to have been cut between the two and that it would not be possible to capture both elements in a single screenshot of that type because WhatsApp displays calls and messages in separate sections of the application.
Presenting his findings, Bajada tells the court that the screenshots were not found on either of the mobile phones he was ordered to examine, namely those belonging to Keith Schembri and Johann Cremona. He also says he is unable to match the screenshot with the extracted call profiles.
Under questioning by prosecutor Godwin Cini, Bajada acknowledges that if a conversation had been deleted, it might no longer be recoverable.
Bajada also confirms that he examined the WhatsApp chats between Keith Schembri and defence lawyer Charles Mercieca and found no conversation between the two.
At one point, Mercieca objects to the prosecution’s line of questioning. The exchange escalates into a heated argument between Mercieca and prosecutor Godwin Cini, prompting the court to intervene. “Your reaction to the screenshot says alot,” Cini jabs.
“I will find both of you in contempt of court. I am fed up with this fighting,” the judge warns.
Bajada adds that he cannot say whether the screenshots ever existed, only that he did not find them during his examination.
Defence lawyer Giannella de Marco then asks whether the screenshot shown in court appears to have been “constructed”.
Bajada replies that, based on his analysis, it consists of two distinct parts. He explains that WhatsApp stores messages and calls in separate sections of the application, meaning they cannot appear together in a single screenshot of that type.
09:23 A legal point is being discussed before jurors enter the courtroom.
Fenech’s legal team asks the court to instruct Keith Schembri not to mention that Yorgen Fenech had requested a presidential pardon, relying on an earlier court ruling that barred witnesses from referring to the pardon request before the jury. The defence also says that if the court prohibits any reference to the pardon but Schembri mentions it anyway, it will ask for the jury to be dissolved.
Prosecutors object to the request, arguing that there is no reason why Schembri should be prevented from mentioning it.
They maintain that the defence is attempting to censor the truth and stressed that Schembri is not an investigative witness, meaning he is entitled to refer to facts within his own knowledge.
In its decision, the court agrees with the defence and noted its original ruling, that no witness should make any reference to the accused himself having made a request for a presidential pardon.
9:08 The sitting has started
RSS Feed Source: Independent Malta Yorgen Fenech trial: Keith Schembri claims defence lawyers offered to bribe witness