Caruana Galizia murder trial live-blog: Degiorgios get 40-year sentence after pleading guilty
In an extraordinary twist, brothers George and Alfred Degiorgio plead guilty to murdering Daphne Caruana Galizia, halfway through the first day of their trial
The two men accused of being the triggermen in the fatal 2017 car bombing of journalist Daphne Caruana Galizia have pleaded guilty, nine hours into the start of their murder trial, just two days short of the fifth-year anniversary of the assassination.
George Degiorgio, 58, known as iċ-Ċiniż and his brother Alfred Degiorgio, 56, known as il-Fulu, pleaded guilty shortly after the midday break at 3pm, reversing their earlier plea of not guilty.
They were sentenced to a 40-year prison sentence, after their lawyers consulted the Attorney General.
The trial was presided over by Madam Justice Edwina Grima.
Before proceeding with the trial, the court heard the testimony of the Prison Director and a court-appointed physician about Alfred Degiorgio’s condition in view of a hunger strike he recently commenced in prison.
Dr. Mario Scerri took the witness stand to report on his findings. Degiorgio had been admitted to hospital with generalised weakness and dehydration, he said. A psychiatrist had certified the patient as having mental capacity to decide for himself, but he decided not to eat or drink. “He is presently refusing treatment.”
He confirmed that the medical condition was self-inflicted. “He said that there were many lawyers who had refused to represent him…he mentioned the legal aid lawyer, who I told him was a capable lawyer because I’ve worked with him." There were 74 volumes that his lawyers had to acquaint themselves with, the court was told.
Upon entering the courtroom, George Degiorgio lashed out at the prosecution team, led by deputy Attorney General Philip Galea Farrugia. “Give us a reason... don’t you know who killed Daphne?” he shouted. “Your friends, those whom you were shoulder to shoulder with... go investigate them.”
He then turned his invective towards his legal aid lawyers, saying they were "not ready" to defend this case. “What a cesspit of a country. You should be ashamed of yourself. Are there any journalists here? Publish what I am saying,” he said in court. "I guess I'll see you all in hell" George Degiorgio told the lawyers on both sides before the jury was empanelled.
It had been the accused themselves who had previously informed the court that they were unable to find a lawyer whom they trusted and who was prepared to assist them.
The Degiorgio brothers had been facing the possibility of life behind bars for their part in the journalist’s killing.
They pleaded guilty to all 6 heads of indictment.
These are:
- Wilful Homicide- carrying with it the punishment of life imprisonment
- Causing an explosion which resulted in the death of a person - which is also punishable by imprisonment for life.
- Illicit possession of explosives- punishable by up to 12 years in prison
- Criminal conspiracy - which as its objective was murder, is punishable by between 20 and 40 years in prison
- Constituting, organising or financing an organisation with the aim of committing a crime punishable by imprisonment for over 4 years, which carries a sentence of between 4 and 12 years in jail.
- Active participation in a conspiracy of two or more persons with the intention to commit a crime. This is punishable by between 4 and 12 years in prison.
In February 2021, a third man - Vince Muscat known as il-Kohhu, pleaded guilty to the same heads of indictment and was jailed for 15 years as part of a plea deal on the Caruana Galizia murder. As part of the plea deal, he also received a Presidential pardon for his part in the 2015 murder of lawyer Carmel Chircop.
Lawyers Simon Micallef Stafrace and Martin Farrugia were appointed by the court as legal aid to the accused men, after their lawyer, William Cuschieri, gave up their brief last month.
The Criminal Court yesterday rejected the Degiorgio brothers’ last-minute bid to delay the trial, which had been filed earlier that same day. The defendants had asked for the delay in view of the fact that their new legal team had to acquaint themselves with 15,000 documents and around 77,000 computer files.
"I want to give them the full truth from beginning to end," Alfred is heard telling one of the prison guards. Nicole Meilak
The two men were arrested in 2017 for being the triggermen behind the murder. Almost five years to the day of the assassination, they have pleaded guilty to all the charges brought against them. Today was the first day of their trial by jury, but what was set to be a weeks-long jury has been cut down to a trial of only a few hours.
There is a historical significance to what happened today. Never in judicial history has a plea bargain been struck between the defence and prosecution during a trial by jury. Nicole Meilak
Almost an hour after the sitting was supposed to start, senior court reporter Matthew Agius received a tip off about a possible change of plea by the Degiorgio brothers.
A source seated close to the accused’s bench says that as soon as George Degiorgio heard Assistant Attorney General Philip Galea Farrugia explain how the movements of the burner phones had shadowed those of the accused’s phones, he had turned to his brother and told him that “we have no way out” and to plead guilty.
This could not be confirmed however this piece of information had already emerged in the testimony of the investigating police inspector during the compilation of evidence before the court of magistrates.
The defence lawyer has now informed the court that the accused will be changing their plea and admit guilt. Kurt Sansone
Now the two accused are speaking to each other. George has a sheath of several folded pieces of A4 papers in his hand. We don’t' know what they are, but some are surmising that it could be a decree. Karl Azzopardi
The trial by jury of George and Alfred Degiorgio, who stand accused of the murder of journalist Daphne Caruana Galizia, has begun.
The brothers are denying the six heads of indictment against them, which include wilful homicide and conspiracy to commit wilful homicide, as well as causing an explosion which resulted in the death of a person.
There was no shortage of courtroom drama before the jury was empanelled with the newly-engaged legal aid defence lawyers, replacing the Degiorgio’s original counsel who recently renounced the brief, repeating their complaint that they had insufficient time to acquaint themselves with the reams of evidence. The court dismissed this argument, pointing out that the law specified a 20-day period for jury preparation and that they had been given 40.
Before the jurors entered the courtroom this morning, George Degiorgio had also decided to lash out at lawyers on both sides of the trial. “You’re not ready. Give us a reason... don’t you know who killed Daphne?” he called out to the prosecution. “Your friends, those whom you were shoulder to shoulder with... go investigate them.” “What a cesspit of a country. You should be ashamed of yourself. Are there any journalists here? Publish what I am saying.”
He then turned to his legal aid lawyers, repeatedly telling them: “You’re not ready!”
With the trial finally underway, Deputy Attorney General Philip Galea Farrugia gave the jurors a brief overview of the police investigation that had led to the identification of the alleged killers, before the trial stopped for lunch. It will resume at 3pm. Karl Azzopardi
George made a "mistake" calling a friend to top him up with mobile phone credit. Just before 3pm, Caruana Galizia left her house. Alfred calls George on the burner phone, but Daphne returned for her cheque book. Alfred informs George that she is driving, from 88820 to 88824 burner phone. Whilst this call is ongoing, phone number ending 4366 sends message “rel1 = on”.
This was decoded by Maltese experts and the FBI. George Degiorgio was off the coast of Valleta near the Siege Bell when he sent this message. Karl Azzopardi
George Degiorgio’s number, previously at Bidnija at 1:50am broadcast its location at 6am near Marsa and subsequently connected to cell towers around the coast,
The other phone numbers remained in Bidnija with Alfred Degiorgio and Vince Muscat at the vantage point, observing their target.
Galea Farrugia explained that a cigarette butt was found there, under a rock, from which DNA with a perfect match to Alfred Degiorgio was recovered. Karl Azzopardi
This SIM card made a location update at Bidnija at 1:51am. It did not update until 3:02pm that day when it received a message and the bomb exploded.
The SIM card 4366 from which the message was sent was always observed to travel with George Degiorgio’s personal phone. On 16 October 2017, at around 1am, the three burner phones and the three personal phones of ALfred and George Degiorgio and Vince Muscat were in Bidnija. Karl Azzopardi
Then the prosecution’s evidence will start being heard, after which the defence may bring its own evidence if it wishes.
Submissions and replies come next - the accused always has the last word.
Finally, the judge will address the jury, to sum up the facts and evidence that emerged during the trial.
The jury will then deliberate and collectively come up with a verdict. Kurt Sansone
The second is the burden of proof. This is always borne by the prosecution. The defendant is not obliged to say a word and guilt cannot be inferred from his silence. The accusations must be proven by the prosecution.
Thirdly: “What one of the accused says, cannot be used as evidence, whether in favour or against, against the other accused.”
Finally: Any doubt which is founded in reason, is always in favour of the accused. You must be convinced beyond reasonable doubt of the guilt of the accused. This is the prosecution’s job, to convince you beyond reasonable doubt. The defence’s job is to raise this doubt. Kurt Sansone
1. Wilful Homicide - carrying with it the punishment of life imprisonment.
2. Causing an explosion which resulted in the death of a person - also punishable by imprisonment for life.
3. Illicit possession of explosives - punishable by up to 12 years in prison.
4. Criminal conspiracy which as its objective was murder - punishable by between 20 and 40 years in prison.
5. Constituting, organising or financing an organisation with the aim of committing a crime punishable by imprisonment for over four years, which carries a sentence of between four and 12 years in jail.
6. Active participation in a conspiracy of two or more persons with the intention to commit a crime - punishable by between four and 12 years in prison. Kurt Sansone
Second potential juror is a bank employee. Accepted. One juror didn’t turn up and was fined €500.
Another was exempted from jury service after she told the court that she was on maternity leave and had an 11-month-old baby to care for.
Matthew Vella
“The court may, for a valid reason, extend this period. In fact this court has extended this legal period by more than double the time allowed.”
“The court is of the opinion that this jury, which was given a date in July this year, gave the accused a long enough period time to the accused to prepare their defence. Not only this, but when the accused found themselves in difficulty after their lawyer renounced his brief on the eve of the trial, the court gave even more time to the accused to engage another lawyer.
It was the accused themselves who informed the court that they had been unable to find a lawyer they trusted who was prepared to assist them. The court therefore, found itself with its hands tied and could only do that which the law empowers it to do – that is, in the circumstances where a person accused is unable to engage a lawyer to defend it, appoint a legal aid lawyer to provide an adequate defence to the accused. After this happened the court conceded further time to the defence lawyers to prepare their defence.
The time period granted was reasonable in which the lawyers could acquaint themselves with the acts and prepare for the jury.
“Therefore, the court is directing the legal aid lawyers to continue assisting the accused during this trial and, in the eventuality of this complaint of theirs is upheld by the Constitutional Court, this court is declaring that it would immediately stop the trial.”
Matthew Vella“The hard disks containing audio visual evidence contain over 77,000 files, totalling over 400GB. These have been exhibited in the acts of a Constitutional case on these merits. So to date, the lawyers have had 40 days to examine all of the acts of this case and prepare a defence. Physically, over 24 hours a day without sleep or any other work, this would mean that 1,900 audiovisual file and 275 page of transcribed evidence/ photos /reports would have had to be read [by the lawyers] every day.”
This constitutes only opening and reading the files, not examining them in detail, he said, comparing this situation to the years which the prosecution had to build this case and examine the files, with the assistance of the entire office of the Attorney General.
“In addition to this, as legal aid lawyers, in these 40 days, these lawyers have been also nominated to assist other individuals on civil and criminal matters. Between 15 September and 7 October, lawyer Martin Farrugia was duty legal aid lawyer and Simon Micallef Stafrace was on 21 September, 22 September and 11 October. Certainly, and obviously, these lawyers had a clear time and logistical problem. This is why the defence is formally requesting instruction from this court as to whether, in its opinion, the period of 40 days was sufficient for them to correctly carry out the duties given to them by this same court, according to law.”He then says: “What a cesspit of a country. You should be ashamed of yourself. Are there any journalists here? Publish what I am saying.”
He then turned to his legal aid lawyers, repeatedly telling them: “You’re not ready!”
Matthew Vella