Yorgen Fenech told family doctor: ‘If I go down, everyone takes the fall’

A doctor testified yesterday that he had served as a go-between for Keith Schembri and Yorgen Fenech while the latter was being investigated in connection with the murder of Daphne Caruana Galizia.

Adrian Vella told Magistrate Rachel Montebello, who is presiding in the compilation of evidence against Fenech, that he had gone to Schembri's house in Mellieha at Fenech's request and collected some papers from Schembri.

The papers are believed to be a plan for Fenech to pin Caruana Galizia’s murder on former economy minister Chris Cardona.

Vella, who was the family doctor for Schembri and Fenech, said that when he went to Schembri’s house, Schembri told him to take some papers which were on his desk.

Vella said Schembri pointed at the papers - not more than six papers – which were face down. He said he does not know their contents, nor was he told about them.

“They never came face up,” he said, “I am shy and I do not pry into other peoples’ business or papers,” he told the court.

Vella said he folded the papers, put them in his pocket, and left the house.

He claimed he exchanged no words with Schembri about the case and had headed straight to Fenech’s Portomaso apartment after taking the papers. “I was scared because there were armed police outside his apartment.” Inside were Fenech and his wife and children, and his defence counsel Gianluca Caruana Curran.

There, he tried to hand the papers to Fenech’s lawyer but Fenech himself snatched the papers out of his hands, Vella said.

He told the Court that Fenech grew very agitated and began scribbling on the papers.

The doctor also acknowledged that he had received a call from Schembri at that point. Schembri had called him at around 11.30pm and told him to call him “if something happened”.

It turns out that when Vella was to be arrested, the police were banging on his door for a full 15 minutes. Allegedly, his mobile phone had been turned off. So Vella had used his daughter’s mobile phone to call Schembri.

Vella said he had deleted his WhatsApp account before switching off his mobile phone that Monday evening. “I had personal stuff,” he said. “And I communicated with Schembri using Signal.” Signal is a messaging app that deletes messages immediately, after a set time (usually seconds), set by the user.

Vella's testimony clashes with a statement Schembri made under oath in June, in which he said he had "certainly not" given Vella any papers to hand to Fenech.

Vella was arrested shortly after the plan came to light but was released without charge.

READ MORE: Yorgen Fenech compilation: Magistrate orders investigation into leaked recordings, yacht captain testifies

Police Commissioner calls witness ‘liar’

When being interrogated by Jason Azzopardi, the Caruana Galizia family’s lawyer, Vella said that, during one phone call with him, Fenech declared, “If I go down, everyone takes the fall.” (Ninzel jien, jinzel kulhadd mieghi).

Vella said he assumed it was related to the murder case. “He was agitated.”

He said that after his arrest he was interrogated by inspectors Keith Arnaud and Kurt Zahra. Later during the night, he was spoken to by Commissioner Lawrence Cutajar after being led to his office by Arnaud and Zahra. He was never alone with Cutajar. The meeting took place before he gave his official police statement.

Vella said that Arnaud and Zahra were attentive to what he said but that Cutajar was calling him a liar about where he got the papers from.

Vella said Cutajar had a phone in his hands, but could not say whether Cutajar was looking at it or texting.

Planes and boats

In Court on Tuesday, Vella also testified about a trip to Gozo he had been on with Fenech, the week before Fenech was arrested.

He said Fenech had contacted him on the Friday before his arrest and told him he was very agitated. Vella went to Fenech’s Portomaso apartment at around 8pm. Fenech’s wife and children were also present.

Vella had suggested to Fenech that they go to Gozo. And although Fenech was confused as to why they should go to Gozo, the two left straight away for Gozo, where Vella put Fenech up in his Ghajnsielem farmhouse.

Vella said that his plan was to get Fenech away from everything for a while and then come back to Malta.

But on Sunday, Fenech’s brother Franco called him and they made plans to meet at the Gozo residence later that day.

Vella said that Fenech and his brother had signed a lot of papers and that he did not hear the two brothers discussing the case. But on being pressed by prosecuting Inspector Keith Arnaud, the doctor said Franco Fenech had asked Yorgen if he could leave Malta legally.

The brothers also discussed the possibility of travelling by plane or boat to different counties, including Paris, Tunisia, Mexico and South America.

Vella admitted that he had also mentioned travelling by boat and had even called a friend of his, who owned a fishing boat and who – he told the Court – could ‘take you anywhere if legally possible’.

When questioned as to why he had volunteered the information about his friend, he said that he was bluffing, to be able to contribute something to the conversation.

And as to why he called his friend in front of the brothers, Vella said Yorgen and Franco Fenech expected him to do his utmost for them.

Undiscovered recordings

Earlier in the hearing, a court-appointed expert said that, following further investigation, he had discovered several other, previously undiscovered voice recordings made by murder middleman Melvin Theuma. Theuma claims Fenech ordered the assassination of Caruana Galizia and investigators have relied heavily on voice recordings he made to bolster their case.

14:11 Next hearing is Tuesday 25 August. Thank you for having followed this live-blog. Matthew Vella

14:06 No more questions from the prosecution. Cross-examination by defence reserved. Mirabelli is excused and he leaves the court. Matthew Vella

14:04 Mirabelli says he then texted his editor to say that everything was quiet, and left after 45 minutes. Matthew Vella

14:04 The first thing Wood told Mirabelli, the reporter says, was “I came down to reset the switches of the lights of the boat.” He disappeared temporarily and re-appeared five minutes later. Wood came up to Mirabelli and told him that the boat will be taken out at sea “sometime in the next week”. Wood was adamant that he was not going out at sea that evening. Matthew Vella

14:02 Mirabelli says he had not known then that Logan Wood was the captain of the boat he had been sent out to check out, but Mirabelli knew him through a common hobby. Matthew Vella

14:01 Mirabelli says that in November 2019, he received a call at 7pm to head to Portomaso and keep an eye out on a boat docked at the marina. He was sent a picture of the boat by text. Within five minutes of him arriving, the captain appeared on the boat and Mirabelli met him - they knew each other. Mirabelli asked the captain whether he was heading out, and the captain said he was not sure about it, although possibly he could be leaving next week. The captain had come out to wash the lights on the boat. Mirabelli says he left Portomaso at 7:45pm. Matthew Vella

13:57 The prosecution has called to the witness stand Times photographer Matthew Mirabelli, over claims made in court during the last sitting that Mirabelli could have been tipped off about Yorgen Fenech’s impending arrest at Portomaso marina. Matthew Vella

13:55 Court resumes.
Vella says that after his arrest he was interrogated by inspectors Keith Arnaud and Kurt Zahra. Later during the night, he was spoken to by Commissioner Lawrence Cutajar after being led to his office by Arnaud and Zahra. He was never alone with Cutajar. The meeting took place before he gave his official police statement. Vella said that Arnaud and Zahra were attentive to what he said but that Cutajar was calling him a liar about where he got the paper from. Vella says Cutajar had a phone in his hands, but he does not know whether he was looking at it or texting. The case has been suspended by the defence; counter-examination suspended; Vella leaves the courtroom. Matthew Vella

13:31 In the previous question, Vella was said to have denied claims by Schembri of not having passed on to him papers. Matthew Vella

13:14 The court says that Keith Schembri had denied passing on the papers to you. Magistrate Montebello asks Vella, “What do you say to that?” The case has now been suspended for 15 minutes on request of the defence. Matthew Vella

13:10 Caruana Curran asks: Are these the same papers you gave Fenech? Vella answers: “They could be. The handwriting is his, that’s what I can say.” Matthew Vella

13:09 The defence shows Vella some papers to see whether he recognises Yorgen Fenech’s handwriting. The witness is shown the documents, and recognises Fenech’s handwriting. Matthew Vella

13:07 The other defence lawyer, Gianluca Caruana Curran asks Vella who was at Fenech’s home when he passed the papers to him. “Maybe Franco, I don’t remember.” Vella confirms that at that moment, he passed on a call from Schembri to Fenech, and Fenech went to take the call privately, spending some three minutes on the phone. But he cannot confirm that they discussed the contents of the document… ostensibly this being the message sent to Fenech by Schembri instructing him to frame Chris Cardona for the Caruana Galizia assassination. Matthew Vella

13:01 He tests Vella’s credibility about having been instructed by Schembri on taking the papers to Fenech. “Did he point at the papers?” Mercieca asks. “No, he used his head to indicate the papers.” Mercieca now turns to Vella’s claims that he ‘folded the papers’. “I’m used to not looking at such contents when folding papers,” Vella says. Mercieca presses on: “Did you never see what was written on them?” Vella says he did not see the papers’ contents. Matthew Vella

12:56 Mercieca is testing Vella on his testimony about having been to Schembri’s house to collect the papers that were passed on to Yorgen Fenech. He asks him whether he knows how Schembri’s Santa Marija estate house (which is part of a gated villa enclave) is apportioned. Matthew Vella

12:54 Lawyer Charles Mercieca asks Vella about Yorgen Fenech’s brother Franco being agitated throughout the ordeal. Vella says that Yorgen Fenech was “strong in character” and resolute about his decision not to leave the country. Matthew Vella

12:50 Vella claims that on that Monday night phone-call to Schembri, the former chief of staff told him not to open the door “if they are knocking a lot”… then upon telling him it was the police, Schembri told him to do as they say. Counter-examination over. Defence takes questioning. Matthew Vella

12:47 An interesting statement in court just now: Vella says that in a phone-call from Yorgen Fenech, the latter declared, “If I fall, everyone takes the fall.” (Ninzel jien, jinzlu kulhadd mieghi). Vella says he assumed it was related to the murder case. “He was agitated.” Matthew Vella

12:44 Vella tells Azzopardi he never gleaned any need for Fenech to “take a rest” during 2017; he says he is not aware that the papers he handled could have been business documents; he did not enquire as to why at some point, Fenech had called him from a number that was not his personal phone number. Matthew Vella

12:40 Azzopardi asks Vella whether he had ever seen Fenech in his agitated state as the time they went to Gozo. Vella says no, saying he was not willing to probe him further and instead calm him down before speaking later. Matthew Vella

12:39 Cross-examination by Caruana Galizia family lawyer, Jason Azzopardi. Matthew Vella

12:39 The court also asks Vella: Did you call Schembri upon hearing the police knocking on your door to see if it was related to the case? Vella says no. Matthew Vella

12:38 Vella now is asked about a meeting that took place in Gozo, in which Yorgen Fenech first went to his office, spent 15 minutes there, and then was driven up to Gozo carrying a “briefcase with his personal belongings.” Vella says Fenech asked him if he had any money on him. Matthew Vella

12:32 Vella says he deleted his WhatsApp account before switching off his mobile phone that Monday evening. “I had personal stuff… I communicated with Schembri using Signal.” Matthew Vella

12:29 Vella says that on Sunday around 7pm he received a call from Fenech’s lawyer who asked him to go over. “But I didn’t go. I was scared. Vella insists it was the first time he delivered papers between Schembri and Fenech. Vella say that he once spoke to Keith Schembri at 11:30pm on the phone. “If something happened, he was the person to call.” It turns out that when he was to be arrested, the police were knocking on his door for a full 15 minutes. Allegedly, his mobile phone had been turned off. So Vella had used his daughter’s mobile phone to call Schembri. Matthew Vella

12:19 Vella says that he left the Portomaso apartment when the police inspector arrived. Vella said Fenech’s wife planned to leave Malta. He left the apartment at 1:30pm with her. After that episode, he never spoke to Fenech again. He was later arrested on Monday at 1am at his home in St Paul’s Bay. Vella is now visibly emotional, and has started to cry. The court asks him to take a moment to compose himself. Matthew Vella

12:17 Vella says he thought it best to give them to Fenech’s lawyer because of the police presence at the time. Fenech then started scribbling on the papers. Vella says he still did not see the papers’ contents. But Vella says at that point that Fenech was agitated and said “it cannot be” (ma jistax ikun) as he scribbled on the papers. “Fenech spoke to himself, slammed everything, and said ‘that’s it!’.” Matthew Vella

12:12 Vella says Fenech “snatched the papers away from Gianluca”. Police officers were also posted outside on the apartment’s balcony. Matthew Vella

12:11 He also declares he exchanged no words with Schembri about the case. He headed straight to Fenech’s Portomaso apartment after taking the papers. “I was scared because there was armed police outside his apartment.” Inside were Fenech and his wife and children, and his defence counsel Gianluca Caruana Curran. “I gave the papers to Gianluca.” Matthew Vella

12:08 Vella says Schembri pointed at the papers, not more than six papers; they were face down. He does not know their contents, nor was he told about them. “They never came face up,” and says that he swears he does not know what was the content of them. “I am shy and I do not pry into other peoples’ business or papers,” he tells the court. Matthew Vella

12:06 “Keith Schembri pointed at the papers…” Vella said. Matthew Vella

12:05 Vella said that when he went to Schembri’s house in Mellieha, on instruction of Yorgen Fenech, Schembri told him to take some papers which were on his desk at home; Vella says he folded them, put them in his pocket, and left the house. Matthew Vella

12:02 Vella says that Schembri had actually called him, to pass round his house along with Yorgen Fenech. It turns out that Vella has also known Keith Schembri for four years, in terms of a medical professional relationship. “It was Yorgen Fenech who introduced Schembri to me,” Vella said. Matthew Vella

12:00 “I waited for 20 minutes, then Keith came down.” Matthew Vella

12:00 Vella says that Fenech then invited him to meet in Mellieha, with Keith Schembri. It was a Sunday. The call came in at 10:30am. He went to Mellieha, ostensibly Schembri’s house since Vella mentions that he saw Keith Schembri’s wife. Matthew Vella

11:59 Vella says he was at work when Fenech phoned him, after an examination of chest pain and his admission to Mater Dei. He says Fenech “gave me feedback”. Matthew Vella

11:58 He said Vella was suffering from chest pains. Paul Cocks

11:57 Vella says he did not speak to Fenech about anything except his medical condition. Paul Cocks

11:57 He says that he had visited Fenech at Police Headquarters and that he had given him two tranquilising pills. Paul Cocks

11:56 We're back in the courtroom and Vella is still on the witness stand. Paul Cocks

11:36 Once again, Vella's testimony continues behind closed doors. Paul Cocks

11:36 But the Court asks why, if they wanted to travel legally, would the Fenech brothers expect him to call his friend? Paul Cocks

11:35 Vella said he probably called him in front of the Fenech brothers who, he said, expected him to do his utmost for them. Paul Cocks

11:35 The magistrate presses on and once again asks Vella when he called his friend. Paul Cocks

11:34 But the magistrate asks Vella when he had called his friend. Vella said he was not sure, that he called him every day. Paul Cocks

11:34 Vella says his friend owned a fishing boat. Paul Cocks

11:33 'So you weren't bluffing?' Arnaud presses the witness. Paul Cocks

11:32 When asked what size the friend's boat was, Vella said he had phoned his friend. Paul Cocks

11:32 Arnaud once again which countries were mentioned. Vella says Paris, Tunis, Mexico and South America were mentioned but said he did not know by whom. Paul Cocks

11:31 Vella says he has a friend who owns a boat and can take one anywhere, if legally possible. Paul Cocks

11:30 The Court warns Vella that he does not seem to understand that he has to tell the truth under oath. Paul Cocks

11:29 'You're mixing things up,' the magistrate tells Vella. Paul Cocks

11:29 The magistrate asks Vella if needs some to reflect. Paul Cocks

11:29 A clearly agitated Vella tells the Court he did know. Paul Cocks

11:28 Yet again, the Magistrate asks Vella why he had suggested a boat. Paul Cocks

11:28 So if he knew Fenech owned two boats, why had Vella suggested travelling by boat? Vella tells Arnaud he had done so to participate in the conversation. Paul Cocks

11:26 Arnaud asks Vella if Yorgen Fenech owned a boat. 'Two', Vella said. Paul Cocks

11:26 Vella said he did not know why and say that a lot of things had been mentioned. Paul Cocks

11:25 The Court once again asks Vella why he had suggested a boat, since a plane had already been mentioned. Paul Cocks

11:24 Arnaud asks whether any countries were mentioned when the boat and the plane were mentioned, but Vella says that he did not remember. Paul Cocks

11:23 Vella says that he never he never suggested Fenech should use a boat to travel legally, only that he had a friend who owned a boat. Paul Cocks

11:22 Magistrate Montebello asks him to clarify his statements. Paul Cocks

11:22 He mentioned the boat as a bluff, saying he had a friend who owned a boat, he said. Paul Cocks

11:21 Vella says he had told Fenech that if he wanted to travel legally, he could use a boat. Paul Cocks

11:20 But then he says he could have read about the boat in the media. Paul Cocks

11:19 He says he does not remember when he bluffed and says it could have happened on that Saturday in Gozo. Paul Cocks

11:19 The witness now appears flustered. Paul Cocks

11:18 When pressed by Arnaud as to the conversation in Gozo on Saturday, Vella said that he had bluffed and told Yorgen Fenech that he had a friend who owned a boat. Paul Cocks

11:17 He said he had next received a phone call from the Police Headquarters and he went to see Fenech. Paul Cocks

11:16 Vella said he had no further contact with Yorgen and Franco Fenech after that, and that the Gozo house keys were returned to him by driver after Yorgen Fenech had been arrested. Paul Cocks

11:15 When asked why he did not monitor Fenech's wellbeing, Vella said he had relied on Franco's word, who, he said, was an expert on the circumstances that had been discussed behind closed doors earlier. Paul Cocks

11:13 He said that he had left Gozo on Saturday, leaving Yorgen alone there. Franco Fenech had called him on Sunday and told him he was going back up to Gozo. Paul Cocks

11:11 Vella says that Yorgen had also made a phone call, which lasted about five minutes and that, while the brother were signing the papers, he himself had gone outside. Paul Cocks

11:10 Magistrate Rachel Montebello has Vella comfirm that he had heard the word 'legally' being used. Paul Cocks

11:08 Arnaud asks why an emphasis had been made on whether Yorgen could leave Malta 'legally' but Vella said he did not know. Paul Cocks

11:07 Vella says that Yorgen had claimed that, if he wanted to, he could leave Malta by private jet. Paul Cocks

11:05 At this point, the Court refuses a defence request for the testimony to continue behind closed doors. Paul Cocks

11:04 But Yorgen, Vella said, told his brother that he wanted to remain in Malta. Paul Cocks

11:04 When pressed by Arnaud what he heard the brothers talking about, Vella said that Franco Fenech had asked Yorgen if he could leave Malta legally. Paul Cocks

11:03 He explained that Yorgen Fenech was well on Saturday and that he did not speak to him that day. Paul Cocks

11:01 Vella said that Fenech and his brother had signed a lot of papers and that he did not hear the two brothers discussing the case. Paul Cocks

11:00 He said that he had agreed with Fenech's brother, who went up to Gozo on Saturday. Paul Cocks

10:59 Vella said that his plan was to get Fenech away from everything for a while and then come back to Malta. Paul Cocks

10:57 Once in Gozo, Vella and Fenech went to Vella's farmhouse in Ghajnsielem. He showed Fenech to a bedroom, showed him how the AC worked and left him there alone, while he went downstairs. Paul Cocks

10:56 Vella says that Fenech only asked for a pasket of cigarettes while they were on the way to Gozo and that he had, in fact, slept all the way until they arrived in Gozo. Paul Cocks

10:55 The phone did not have a SIM card, Vella tells the Court. Paul Cocks

10:54 Vella said that on the way to Cirkewwa, Fenech realised that he had forgotten his mobile phone. Vella stopped at his house in St Paul's Bay and gave Fenech a new phone. Paul Cocks

10:53 He had suggested to Fenech that they go to Gozo. And although Fenech was confused as to why they should go to Gozo, the two left straight away for Cirkewwa in Vella's vehicle, a Kia Cee'd. Paul Cocks

10:52 Vella specifies that Fenech called him on the Friday before his (Fenech's) arrest. Paul Cocks

10:43 Arnaud asks Vella why Fenech had called him. Vella asks that he be allowed to give his answer behind closed doors. The court accepts. So we have been askted to leave the courtoom and the testimony proceeds in camera. Paul Cocks

10:39 Asked how he learned about the case, Vella says that, last November, Fenech had contacted and told him he was very agitated. Vella went to Fenech’s Portomaso home at around 8pm. Fenech’s wife and children were also present. Paul Cocks

10:37 Vella says he was also the company doctor for Tumas Group. Paul Cocks

10:35 Vella says he has been a family doctor for 32 years. He confirms he has known Yorgen Fenech for 30 years because he was the Fenech family’s family doctor. Paul Cocks

10:28 Vella is reminded by the court that he may not answer questions which he feels might incriminate him. Matthew Vella

10:27 Arnaud says police are still investigating Vella’s role as a messenger for Schembri and Yorgen Fenech. He says that so far, no criminal responsibility has been placed at Vella’s feet. Matthew Vella

10:27 Vella was said to have passed on a message, allegedly from the hand of Keith Schembri, the chief of staff to disgraced PM Joseph Muscat, to blame the assassination of Daphne Caruana Galizia on former minister Chris Cardona. Matthew Vella

10:26 Arnaud calls Tumas Group family doctor Adrian Vella to the witness stand. Matthew Vella

10:25 The court will now be examining the recordings extracted to the pen-drives. Copies have been given to the parte civile and defence. Matthew Vella

10:20 Cardona says he has found a new file in his extraction from the hard-drives of the devices seized for evidence, and that he will be presenting in all five hard-drives with more voice-recordings. Matthew Vella

10:18 The court has accepted that Melvin Theuma, the middleman and State's evidence, be submitted to a psychological assessment. Matthew Vella

10:18 Court-appointed expert Alvin Cardona, tasked with the extraction of information from electronic devices, takes the witness stand. Matthew Vella

10:03 Yorgen Fenech has been on some sort of hunger strike, ostensibly due to a collective decision by inmates against overcrowding. But the CCF issued a statement that Fenech protested the inclusion of two black inmates in his cell. Matthew Vella

10:02 Good morning. Today’s compilation of evidence against Yorgen Fenech is scheduled to start at 10am. The prosecuting inspector and lead investigator Keith Arnaud is in the courtroom. Defence lawyers Charles Mercieca and Gianluca Caruana Curran, as well as the Caruana Galizia lawyer Jason Azzopardi, are here too. Matthew Vella