Court decrees Melvin Theuma's phantom job testimony inadmissible

A court has ruled that Melvin Theuma's testimony on his phantom job is inadmissible after he refused to face cross-examination.

The decision follows a request from the defence of the individuals facing charges linked to providing Theuma with a phantom government position. Theuma’s refusal to testify has raised questions about his legal protections under a presidential pardon.

A court has ruled that all of Melvin Theuma's testimony related to a case involving a phantom job is inadmissible after he refused to undergo cross-examination.

This decision followed a request made by the lawyers representing Keith Schembri, Yorgen Fenech, and three other individuals, who are facing criminal charges for their alleged roles in providing Theuma, a self-confessed middleman in the murder of journalist Daphne Caruana Galizia, with the fictitious position.

In separate proceedings, Theuma testified that he was given a government job five months before Daphne Caruana Galizia’s assassination and later met with Keith Schembri, the former chief of staff at the Office of the Prime Minister, at Castille. Based on his testimony, police filed charges against Schembri, along with Yorgen Fenech, who is awaiting trial as an alleged accomplice in the murder.

Also facing charges are Sandro Craus, former head of customer care at OPM, Anthony Mario Ellul, ex-private secretary to the family ministry, and Anthony Muscat, the former CEO of the state-owned Housing Maintenance and Embellishment Co Ltd. All five are pleading not guilty to theft and misappropriation of public funds.

When called as a witness in the proceedings, Theuma refused to undergo cross-examination by the defendants’ lawyers. After being warned by the court about his right not to answer self-incriminating questions, he chose not to respond to any inquiries. This led to uncertainty over whether he was still protected by the presidential pardon granted to him in relation to the Caruana Galizia murder case.

On the witness stand, Theuma opted to exercise his right not to incriminate himself and declined to testify. Theuma, who had previously admitted in separate criminal proceedings to having played a role in the murder of Daphne Caruana Galizia, claims to have done so at Fenech’s behest. He had been granted a presidential pardon in return for his testimony against Fenech in criminal proceedings related to the murder.

During those proceedings, Theuma had told the court that five months before the murder took place, he had been given a job by Schembri at the Housing Maintenance and Embellishment Co Ltd, for which he drew a salary, despite never actually showing up to work.

The situation persisted when Theuma was summoned back to the witness stand on other occasions, with the latest being in May last year. Upon taking the witness stand before Magistrate Monica Vella, Theuma had kept replying that he would not answer the questions he was being challenged with.

On 13 November 2024, Magistrate Monica Vella delivered a detailed decree stating that Melvin Theuma’s refusal to undergo cross-examination violated several legal principles, leaving the court with no choice but to grant the defence’s request to exclude his testimony.

In her ruling, Magistrate Vella emphasised that cross-examination is a "sacrosanct right" of the defendant, and that Theuma had a duty to testify. She further noted that his lawyer should have clarified that there was no reason for him not to do so.

As the court could not confirm whether Theuma was protected by the pardon, any uncertainty was resolved in favour of the accused. Theuma’s refusal to testify breached several legal principles, including the defendant’s right to cross-examination, equality of arms, and full disclosure.

Consequently, the court declared his testimony inadmissible. The court further ordered the removal of this testimony from the case records, including those from the magisterial inquiry, which had been submitted as evidence.

Yorgen Fenech is being represented by lawyers Charles Mercieca, Gianluca Caruana Curran and Marion Camilleri.

Lawyers Edward Gatt and Mark Vassallo are defence counsel to Schembri.

Lawyer Stefano Filletti is appearing for Anthony Muscat.

Lawyers Vince Micallef and Ryan Ellul are representing Anthony Ellul.

Lawyers Michael Sciriha and Lucio Scriha are defending Sandro Craus.