‘I was told Valletta was giving Yorgen information, I didn’t want it to stop’

Former deputy police chief Silvio Valletta used to pass on information to Yorgen Fenech about the investigation into Daphne Caruana Galizia’s murder, Melvin Theuma has alleged in court.

Theuma made the claims on Thursday as he continued to give testimony during the compilation of evidence against Fenech, who is accused of masterminding the journalist’s assassination.

As more recordings were played, Theuma told the court that an audio clip, where the sentence “God forbid he is removed” could be heard, was a reference to Valletta.

“…I was told that he [Valletta] was giving information to Yorgen Fenech, and I didn’t want this to stop. That information was worth something to me as well as to him,” Theuma told the court.

The conversation in question took place in December 2018.

In a previous sitting on Monday, Theuma had claimed that Valletta had tipped Fenech off about Theuma’s impending arrest.

In a press statement, Valletta subsequently denied knowing of plans to arrest Theuma. Valletta said he was not in the police force at the time of the middleman’s 2019 arrest, having been taken off the Caruana Galizia case in June 2018 and resigning from the police force the following November.

Azzopardi asks Theuma whether he was told Cardona was found with 'gun in his mouth'

Today’s sitting also saw former economy minister Chris Cardona’s name crop up again. Parte civil lawyer Jason Azzopardi asked Theuma whether Fenech had told him that Cardona was once found with a gun in his mouth, and was subsequently taken to a hospital in Sliema, which he entered from the back so as not to be noticed. Theuma denied that Fenech had ever told him such a thing.

Cardona has previously strongly denied claims Theuma made about his involvement in the Caruana Galizia murder.

Lawyer Arthur Azzopardi, who formerly represented Vince Muscat, known as il-Koħħu - who, along with Alfred and George Degiorgio, is charged with executing the Caruana Galizia car bomb murder - was also mentioned in Theuma's testimony.

Theuma alleged that Azzopardi would sometimes “gather money” to pass on to Muscat.

Journalists were absent for a significant portion of the sitting, after some recordings were played behind closed doors because they had to do with “ongoing investigations unrelated to the case.”

The sitting concluded Theuma’s testimony.

The court was informed that former OPM chief of staff Keith Schembri, Fenech’s business partner Johann Cremona, Fenech’s doctor Adrian Vella and ex-OPM official Kenneth Camilleri would be summoned to testify at a later stage.

The next sitting was scheduled for 15 June, with Cremona expected to take the witness stand.

17:59 The next session is scheduled for Monday, 15 June. Johan Cremona is expected to testify. Keith Schembri and Kenneth Camilleri will testify at a later stage. Massimo Costa

17:50 The court reserves the right to decree on this request at a later stage. Massimo Costa

17:49 Parte civile lawyer Jason Azzopardi says that one of Daphne’s sons, Matthew Caruana Galizia, had suggested that the court appoint an audio engineer to clean up the recordings. It was established that this had not been done before. This was also requested by the prosecution, Azzopardi says. Massimo Costa

17:48 It is mentioned that Keith Schembri, Johann Cremona (Yorgen Fenech’s business partner), Adrian Vella (Fenech’s doctor) and Kenneth Camilleri (a former security escort to Joseph Muscat) will be summoned to testify at a later stage. Massimo Costa

17:43 Yorgen Fenech’s defence lawyer Gianluca Caruana Curran asks whether, since Theuma’s deposition is finished, he can start his cross-examination. The court says that he can, but that Theuma may be summoned to testify about the recordings again. Massimo Costa

17:41 Inspector Keith Arnaud now briefs the court on the remaining steps. Arnaud says that all the transcripts of Theuma’s recordings had shown, on being checked, substantial accuracy problems. But these can be corrected, he says, without the need to re-examine Theuma Massimo Costa

17:37 Theuma is escorted out of the courtroom. Massimo Costa

17:36 There are no further questions for Melvin Theuma. Today's sitting is drawing to a close. Massimo Costa

17:35 In another part of the recording, Theuma is heard to say: “I don’t think they will arrest us… If they do, Malta would light up.” Theuma explains to the court that he meant it would cause great uproar. “As it did,” he says. Massimo Costa

17:28 The subject turns to the monthly protests demanding justice for Daphne, which civil society would organise. Azzopardi asks Theuma why he used to feel worried about the protests. “Because more things would start to emerge,” Theuma replies, “I used to pay attention to everything.” Massimo Costa

17:24 Yorgen Fenech’s defence objects that the witness is being played recordings and then asked about them instead of the other way around. The court says it had already dealt with this point and that it was not normal for someone to remember the contents of a conversation two years later. Massimo Costa

17:24 Azzopardi rephrases the question. “Apart from Cardona, was there someone else [who paid money to il-Fulu]?” “No,” Theuma replies. Massimo Costa

17:22 Another part of the recording is played, where the words “So il-Fulu took money from them (Cardona and others) as well.” The court asks who the others are. “I don’t know. If I knew, I would take an oath and tell you,” Theuma replies. Massimo Costa

17:22 Azzopardi continues questioning Theuma. “Did Yorgen Fenech tell you that Chris Cardona was secretly taken to a Sliema hospital as he was found with a revolver in his mouth, and that he entered [the hospital] through the back door?” the parte civile lawyer asks Theuma. “No, he didn’t tell me that,” replies Theuma Massimo Costa

17:16 Another segment of the conversation is now dissected. The words "The judge told you that you don't need to. They did their work at the end of the day" are heard. Theuma says he cannot confirm or remember who is being referred to here. Massimo Costa

17:11 “…I was told that he [Valletta] was giving information to Yorgen Fenech, and I didn’t want this to stop. That information was worth something to me as well as to him,” Theuma tells the court. Massimo Costa

17:06 The part of the recording where the words “God forbid he is removed” are said is replayed. Azzopardi asks Theuma what they were talking about. Massimo Costa

17:04 "He would tell me that Silvio Valletta would give information about the investigation,” Theuma tells the court. "In return for whiskey," remarks Azzopardi. This prompts protests from the opposing counsel. The court rebukes Azzopardi for the comment. The magistrate warns the parte civile lawyer not to put words in the witness’ mouth. Massimo Costa

17:03 The words “God forbid he is removed” can be heard right after the statement on whiskey and Silvio Valletta, Azzopardi tells the court. Massimo Costa

17:02 Parte civile lawyer Jason Azzopardi now starts to question the witness. He says that the recording the court had been hearing had taken place in 2018 at Portomaso. Was Silvio Valletta still deputy police commissioner at the time, Azzopardi asks. The court points out this question could be answered using other means than asking about it during the sitting. Massimo Costa

17:00 At one point in the recording, Yorgen Fenech is heard to have said “They have no chance, it’s been erased.” Theuma says he doesn’t know what this meant. Massimo Costa

16:59 Theuma is asked about another part of the recording, in which the speakers are referring to a mobile phone which wasn't in his name. He tells the court that he had been referring to either Alfred or Mario Degiorgio, whom he would communicate with frequently after the arrests. Mario would call him almost every day, Theuma says. Massimo Costa

16:56 Theuma is played the recording again. He clarifies that he was now make out that he had said “But if something happens, we’ll know from beforehand, you can rest assured.” Theuma explains that he had been referring to the possibility of their arrest. Massimo Costa

16:52 Melvin Theuma continues giving his testimony. Inspector Arnaud asks why Theuma had said in the recording that he was not well, mentally. “It’s about the murder,” Theuma replies, “I did something that I was not cut out to do.” Theuma says he was drinking heavily at the time and was depressed. Massimo Costa

16:47 Inspector Arnaud protests that the defence lawyers are mocking Theuma’s replies amongst themselves. The court calls the parties to order, saying that any further interruptions will be taken as contempt of court. Massimo Costa

16:44 The court observes that the witness' answers about facts which were not perceived directly by him, as well as assumptions by the witness and uncertain replies must be weighed for probatory value by the person eventually deciding the case. Massimo Costa

16:40 Lawyer Caruana Curran now formally objects to the Theuma’s testimony and asks the court to order the witness to limit himself to what he remembers and not embellish his testimony in any way. The lawyers on both side argue briefly about this. Inspector Arnaud also says that the witness is being honest in saying what he remembers clearly and what isn’t so clear in his mind. Massimo Costa

16:38 At this point, Yorgen Fenech’s lawyer Gianluca Caruana Curran objects to the way the testimony is developing. He says the witness is saying a lot but remembering little and speculating. The magistrate appears to agree with this point. Massimo Costa

16:38 Theuma's testimony turns to another matter. He now denies asking Yorgen Fenech about where he had obtained information about the raid which would lead to Theuma’s arrest. “I know he got the information from Keith Schembri, but I didn’t ask him about that raid.” Theuma tells the court. “ Massimo Costa

16:34 Theuma is also heard saying “He’s coming again for the whiskey.” He tells the court this was a reference to Silvio Valletta. Massimo Costa

16:33 Inspector Arnaud asks about another sentence said by Theuma in the recording: “Won’t we have that guy at that point?” Arnaud asks Theuma to clarify who he was refering to. Theuma tells the court that this was “certainly a reference to Keith Schembri.” Massimo Costa

16:30 The subject turns to another part of the recording, where a Thursday is mentioned. “Either there was a protest [on that day], or it had to do with their (the Degiorgio brother’s and Muscat’s) bail,” Theuma tells the court. Yorgen Fenech’s lawyer Gianluca Caruana Curran expresses his disgust. Massimo Costa

16:27 Theuma confirms that it was certainly “Turu Azzopardi” whom he was told had passed on money to Vince Muscat. Massimo Costa

16:26 Theuma now tells the court that lawyer Arthur Azzopardi would sometimes gather some money for Vincent Muscat, il-Kohhu, who Azzopardi was at the time representing in the compilation of evidence in the Caruana Galizia murder case. “This is what Yorgen would always tell me,” Theuma qualifies, implying that he could have been lied to about the matter. Massimo Costa

16:21 Theuma is now asked about a €5,000 holiday gift Yorgen Fenech has given him. "He [Yorgen] saw that I wasn't in a good place and gave me the money to go on holiday,” Theuma tells the court. Massimo Costa

16:21 When told that his burner phone was not found in the sea, Theuma is heard saying in the recording that this had given him a lot of courage. This is because he was reassured that there was nothing to worry about. Massimo Costa

16:19 In the recording, Yorgen Fenech refers to a mobile phone. Asked by Inspector Arnaud whose mobile this was, Theuma says that he had been referring to whether his own burner phone has been found in the sea. Theuma says he had checked about this matter with Johann Cremona (a business partner of Fenech’s), but Cremona had told him the burner phone which was found wasn’t his (Theuma’s). Massimo Costa

16:17 Theuma is again asked to clarify further what he meant when he said “Whoa, so he took money from them as well” in the recording. Theuma says the statement was about Alfred Degiorgio who had taken money from Chris Cardona as well. Massimo Costa

16:13 The focus turns to another part of the recording, and Theuma is trying to remember who was the subject of that bit of the conversation. "Could it be that it's David?" asks Theuma. "David who? Fr. David?" quips parte civile lawyer Jason Azzopardi. Massimo Costa

16:09 Theuma is now handed a pair of headphones to hear the recording again, in a last ditch effort to jog his memory in terms of who we was referring to. "If I'm not mistaken, it is about Chris Cardona," he reveals. Massimo Costa

16:08 Theuma is heard to say “Whoa, so he took money from them as well.” He is evasive when asked who he is referring to. Inspector Arnaud asks Theuma again whether he knows who he was talking about. "I'm sorry but I don't remember," says Theuma Massimo Costa

16:04 In the recording Theuma is also heard asking: “Did they mention something about the pardon [for the three persons who executed the assassination]?.” Asked to clarify what he meant, Theuma tells the court that he expected that Alfred and George Degiorgio and Vince Muscat would reveal his involvement in the crime in return for a pardon. Massimo Costa

16:00 Theuma tells the court that the female voice which was heard was of Yorgen Fenech secretary at Portomaso. The conversation took place in December 2018 and was about money Fenech had given Theuma for a holiday, he says. Massimo Costa

15:57 Prosecuting inspector Keith Arnaud tells the court that a large chunk of the conversation taking place in the recording is missing from the transcripts. This issue will have to be reviewed by the court transcriber. Massimo Costa

15:56 At one point in the recording, Yorgen Fenech is heard saying “let’s see what will happen in court.” Massimo Costa

15:56 The court is now in recess for a ten-minute break. Matthew Vella

15:54 A woman voice is also heard in the recording, talking about a car. However, it is unclear what is being said. The recording is dominated by loud rustling sounds, overpowering the already muffled audio. Massimo Costa

15:51 Theuma tells the court that he recognises himself as being the person saying “My turns has come” in a recorded conversation with Yorgen Fenech. Massimo Costa

15:47 People present in the courtroom listen intently as it is played. Massimo Costa

15:46 Another recording made by Melvin Theuma is about to be heard. This is understood to be the last such audio recording in the compilation of evidence against Yorgen Fenech. Massimo Costa

15:44 Journalists have just been allowed back into the courtroom after three hours, as the court heard two recordings behind closed doors. Massimo Costa

13:34 We are still outside the courtroom, says reporter Matthew Agius. Matthew Vella

12:41 Prosecuting inspector Keith Arnaud tells the court that questions about the recording must be heard behind closed doors too. Defence and parte civile agree with this request. The court, having seen the request and noting the lack of opposition to it, upholds the request as it could damage pending investigations Everyone goes out of the courtroom. Matthew Vella

12:36 While technical staff attempt to fix the problem, the Magistrate re-enters. Arnaud asks the court to order the journalists out of the courtroom while some recordings are heard. The surprise request is due to “ongoing investigations unrelated to the case”. Matthew Vella

12:31 After a full minute of no dialogue, there appears to be a problem with the playback. Magistrate sighs impatiently, echoing the sentiments of all present. The magistrate leaves the courtroom. Matthew Vella

12:29 Melvin Theuma is called in. He enters the courtroom, after his lawyer Kathleen Grima. Theuma is accompanied by two plainclothes officers. Theuma is accompanied by two plainclothes officers. Matthew Vella

12:25 On her desk are four volumes of evidence. Matthew Vella

12:25 Caruana Galizia’s sisters and her widower are present. Magistrate Rachel Montebello enters the courtroom and the sitting begins. Matthew Vella

12:24 The sitting is being held with the now expected heavy security presence. An armed prison escort guards the entrance and sits on either side of Fenech, who is sitting in the front row, wearing a dark suit and a light grey tie. Some of Yorgen Fenech’s relatives had to be turned away from the courtroom. Despite the insistence on social distancing most people are less than a metre away from each other. Matthew Vella

12:20 For unknown reasons, the sitting is being held in Hall 9 - one of the smaller courtrooms. There is a space problem due to social distancing measures. Several people have been turned away Matthew Vella

Magistrate Rachel Montebello is presiding over the case. Lawyers Gianluca Caruana Curran, Marion Camilleri and Charles Mercieca are appearing for Yorgen Fenech. Lawyer Jason Azzopardi is assisting the Caruana Galizia family. Inspectors Keith Arnaud and Kurt Zahra are prosecuting.

Lawyers Kathleen Grima and Matthew Brincat are assisting Theuma.