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Daphne Caruana Galizia murder | Investigators tell court how mobile phone data led them to accused

Magistrate Claire Stafrace Zammit has turned down a request for her recusal made by the defence, describing their actions as 'frivolous and vexatious' • Witnesses can now start to testify

matthew_agius
19 December 2017, 8:09am
by Matthew Agius
3 min read
Sketch of the accused in the dock this morning | Artist: Perit Eric Gerardi
Sketch of the accused in the dock this morning | Artist: Perit Eric Gerardi
Heavily armed police escorted the accused into court
Heavily armed police escorted the accused into court
The accused entering the court house through the back entrance
The accused entering the court house through the back entrance

Magistrate Claire Stafrace Zammit has turned down requests by the defence team of three men accused of murdering Daphne Caruana Galizia to recuse herself and seek constitutional guidance.

Stafrace Zammit ruled this afternoon that the defence's actions were "frivolous and vexatious" as she got down to start hearing the testimony produced by the prosecution.

The first witness to testify was Inspector Keith Arnaud, the lead investigator. He gave a blow-by-blow account of how the police arrived at identifying the the accused through mobile phone location data and phone intercepts.

The morning sitting was characterised by lengthy legal arguments on whether the magistrate should recuse herself, followed by another request for the matter to be referred to the constitutional court.

Stafrace Zammit is the third member of the judiciary in the space of a week tasked to hear the compilation of evidence against the men.

She was appointed by Chief Justice Silvio Camilleri on Monday after Magistrate Charmaine Galea recused herself. The first magistrate appointed to hear the case - Donatella Frendo Dimech - had also recused herself at the request of the defence.

At the start of Tuesday's sitting, the legal aide lawyers for George and Alfred Degiorgio renounced patronage of their clients and two other legal aide lawyers were appointed.

The defence then called for the magistrate's recusal based on an article penned by the slain journalist, in which she had praised the magistrate's husband.

The prosecution led by deputy attorney general Philip Galea Farrugia objected, insisting there were no legal grounds that merited recusal. His argument was backed by lawyer Jason Azzopardi, who is appearing parte civile for the Caruana Galizia family.

The compilation of evidence is a pre-trial stage during which the prosecution presents the evidence against the accused. The magistrate would have to decide whether there is enough prima facie evidence for the accused to stand trial. So far the police have not even had the opportunity to start presenting their case since the two previous magistrates recused themselves following objections by the defence.

Read also: How three men accused of murdering Daphne Caruana Galizia can escape justice

Frendo Dimech recused herself because she had been in the same school as Caruana Galizia's sister 34 years ago, while Galea withdrew because she had been the subject of the journalist's criticism on her appointment to the Bench in 2013.

Stafrace Zammit was appointed to the Bench in 2009 by then Prime Minister Lawrence Gonzi. She previously worked with the law firm Abela Stafrace and Associates. Her husband, Ian Stafrace, was also a lawyer with the same firm and for two years was the chief executive of the planning authority until his resignation soon after the 2013 election.

Who are the accused

  • George Degiorgio 55, unemployed, lives in St Paul's Bay, known as Ic-Ciniz
  • Alfred Degiorgio, 53, unemployed lives in St Paul's Bay, known as il-Fulu
  • Vincent Muscat, 55, unemployed lives in Msida, known as il-Kohhu

18:52 This concludes today's live blog. Join us tomorrow as the case continues. Matthew Agius
17:38 The case has been adjourned will continue tomorrow morning. Matthew Agius
17:34 The magistrate stopped the witness for today, saying he would conclude his testimony tomorrow. Matthew Agius
17:31 At the time the SMS which triggered the bomb was sent, the same boat was spotted under the Siege Bell area, where it stopped for a few minutes, before returning in the direction of Marsa. Matthew Agius
17:30 The police discovered that the Degiorgio brothers both owned pleasure boats. Police scoured CCTV to try and see the two boats. One of them, the Maya, was spotted leaving the Grand Harbour at around 8am, before turning North, he said. Matthew Agius
17:28 As George had asked for the top up, police had obtained the call profiles relating to him, his brother, and Vincent Muscat. Matthew Agius
17:27 The mobile numbers involved had all been activated within 20 minutes of each other, Arnaud said. Two had been activated in Senglea, the third in Hamrun. Matthew Agius
17:24 Secret service had intercepted a call from George Degiorgio's phone, asking the recipient to top him up with 5 euros. The person was unable to. He then called another person, asking the same question. "Don't take long, if you can." This person complied and minutes later had topped up the number identified by George Degiorgio Matthew Agius
17:20 We have been allowed back into the courtroom. The insepctor is explaining that the police had established that the detonator was on a boat Matthew Agius
17:16 The inspector has asked the press to be sent out of the courtroom as he is about to discuss a sensitive piece of information. The press has been ordered to leave. Matthew Agius
17:14 Police had dismantled an identical model to Caruana Galizia's car in an attempt to find extraneous parts. They found parts of an electronic board, which was part of the SIM card dock on the explosive device Matthew Agius
17:12 A Nokia 105 with the number linked to the other device was switched on on the day of the explosion and started broadcasting from a cell ID near the Curia. It moved to Paceville, Senglea, Rinella, Zabbar and Xghajra. The device was bouncing from cell towers at North and South of the country every hour. The police noticed that the cell towers in question were all sea-facing and so it was suspected that the device was on a boat circling the island Matthew Agius
17:08 This device was switched on in the Bidnija area in around 2am and remained in a static location for the day until it received an SMS and disappeared. Matthew Agius
17:06 The IMEI number of one of the devices used did not belong to a mobile phone but to a circuit board used in remote-command modules in devices, used for tasks such as turning on household appliances remotely. Matthew Agius
17:05 The second time the number was used was for a brief phone call. The third time it was used was on the day of the murder. Matthew Agius
17:01 Police had homed in on a number which received an SMS shortly before the blast and then ceased to broadcast. This had received a SMS at 14:58hrs from a device connected to the cell tower near the YMCA in Valletta. The two numbers had been set up in November 2016 and had only corresponded with each other. There was activity on three occasions. They were topped up with credit and sent SMSs to each other. “We noted that the same device had been used to activate the SIM cards. One was later placed in another device. Matthew Agius
16:52 An analysis of the victim’s call profiles carried out by the police, it appeared that her last activity was close to 2:30pm in the Mosta area. Vodafone was carrying out maintenance on cell towers in Bidnija on the day of the murder and so calls were being routed through cell towers in Mosta Matthew Agius
16:49 Arnaud said he noticed two rocks near some trees, near the partially-collapsed wall. There was a relatively fresh-looking cigarette there, said the inspector. He posted a police guard and sent for forensic experts to comb the area. Matthew Agius
16:48 "After the murder, the car was never seen again." Matthew Agius
16:47 “It appeared very relevant to us that whoever carried out this crime had probably followed the victim.”. She did not have a fixed pattern of movement and therefore there must have been someone shadowing her movements. The police investigated a number of possible lookout positions. The place identified was tat-Targa Battery, part of the Victoria Lines. This had also been used by journalists covering the aftermath of the explosion. Police noticed that part of a wall had collapsed and led to a place with a birds-eye view of Bidnija. A person spoken to by police had noticed a small white car frequenting the area of the collapsed wall. On the day of the murder, as he was leaving his house, the witness had seen the car parked there. Unlike previous occasions, the witness had not seen the driver there, explained the Inspector. Matthew Agius
16:42 The police had gathered film from every CCTV camera covering Bidnija, he said. Around 25 hours of footage were taken from every camera. This took place under the auspices of the magisterial inquiry. Matthew Agius
16:41 Police had sealed off the area and set up an email and phone hotline for tip offs, which are still active today. The Dutch investigators had helped the Maltese to gather every piece of physical evidence from the scene. The vehicle was taken to a specially-equipped garage and stored under 24 hour closed circuit television surveillance. The explosives were determined to be “organic explosives,” he said. Matthew Agius
16:39 On the day of her death, Caruana Galizia had returned for her chequebook before driving off. Matthew Caruana Galizia heard the explosion further down the road and had been first on the scene but was unable to help his mother, the inspector said. Matthew Agius
16:37 Duty magistrate Anthony Vella had ordered that Dutch and US experts be involved in the investigation. The Dutch handled the crime scene investigation, whilst the FBI handled other aspects. Arnaud and Inspector Kurt Zahra had questioned the Caruana Galizia family, who confirmed that the victim’s car had been leased four months before and that she was using it. The rental company had a copy of the spare key. Police established that in the weeks preceding the blast, the victim’s son, Matthew, had also used the car, he said. It was Matthew Caruana Galizia who had used the car last, parking it outside the gate, he said. Matthew Agius
16:33 He had spoken to relatives and confirmed that it was the victim who was using the car at the time. Matthew Agius
16:32 The fire had been put out. It was a rented Peugeot, used by the victim, Daphne Caruana Galizia, he said. Matthew Agius
16:32 Arnaud continued to testify as to what he found when he arrived at the scene of the murder. Matthew Agius
16:31 The court said tomorrow, the prosecution must bring copies of the documents it will be presenting Matthew Agius
16:30 Martin Fenech stood up, objecting to the exhibition of the map and angrily demanding a copy of the map. "He knows he is supposed to do this." Matthew Agius
16:29 He is exhibiting a series of screenshots from Google earth, indicating the relevant points of interest on the map. Matthew Agius
16:27 Arnaud had been informed of an explosion in Bidnija on 16 October, shortly after 3pm, which had claimed the life of a person Matthew Agius
16:23 Inspector Arnaud has taken the witness stand and has been administered the oath. Matthew Agius
16:21 Homicide squad inspector Keith Arnaud is going to be the first to testify. Galea Farrugia is asking that certain parts of his testimony be heard behind closed doors, due to sensitive information, such as phone numbers and police modus operandi being exhibited. Matthew Agius
16:20 Deputy Attorney General Philip Galea Farrugia declared that Peter Caruana Galizia and Matthew Caruana Galizia will likely be prosecution witnesses, but due to the fact that they are parte civile, they are going to be present during the hearing of the case. Normally witnesses are not allowed in the courtroom during sittings Matthew Agius
16:18 The court will now begin to hear prosecution witnesses Matthew Agius
16:17 "The court feels the defence's request is frivolous and vexatious and therefore rejects it." Matthew Agius
16:17 The court noted that the defence was making a request during a peremptory period which would render the case time barred. Matthew Agius
16:16 The court also made reference to the fact that the Chief Justice and other judges are appointed by the President and have security of tenure, noting that replacement of a judge or magistrate is an exceptional remedy. Matthew Agius
16:13 "A judge is impartial until there is proof to the contrary," she reads. Matthew Agius
16:12 The magistrate is quoting from case law, which defined impartiality and the test for its existence. Matthew Agius
16:10 The defence should have better explained how the human rights of the accused would have been affected by the court, as composed, she said. The court said that although it was not privy to the Chief Justice's reasoning, it was under no pressure from him. At no time was there any communication between the Chief Justice and the magistrate. Matthew Agius
16:08 Magistrate Stafrace Zammit is reading out her decree Matthew Agius
16:07 The parties and their lawyers have filed into the courtroom, anxiously awaiting the magistrate's ruling on whether to refer the issue of how the Chief Justice allocates cases to the Constitutional Court Matthew Agius
16:07 The parties and their lawyers have filed into the courtroom, anxiously awaiting the magistrate's ruling on whether to refer the issue of how the Chief Justice allocates cases to the Constitutional Court Matthew Agius
16:04 Welcome back to this live blog from court. Matthew Agius
13:10 The court has adjourned the sitting. Proceedings will continue at 4pm. Matthew Agius
13:06 "We don't file fundamental human rights cases unless there is a strong need or risk of prejudice. There is no such risk here, so much so that they have expressed confidence in your impartiality." Matthew Agius
13:05 In her reply, Comodini Cachia pointed out that the question of independence of the judiciary is not how she was chosen- that emerges from the rules of court. We have a bizarre situation where the defence is saying it beleives in the impartiality of the court but wants a decision on why it was appointed. Matthew Agius
12:59 William Cuschieri is speaking now. The justification of the request for a Constitutional reference is appearing increasingly threadbare. "Who is going to put our client's minds at rest Matthew Agius
12:56 Fenech is insisting that the Chief Justice's discretion must be scrutinised. "If the law is wrong, then it must be examined." He denied any lack of confidence in the court's impartiality. "We have a right to know why the Chief Justice chose A and not B. He must justify his choice and there is nothing in the law that binds him to do so, hence our request to the Constitutional Court." Matthew Agius
12:52 On the PM's comments she asked how an expression of confidence in the courts could be taken as putting pressure on the same courts. Matthew Agius
12:52 The lawyer said the criticism of the media coverage was so frivolous that Strasbourg had ruled that media is not only duty bound to report public interest matters and would only be prejudicial if there was an aggressive, virulent, prejudicial press campaign. This was not the case here. This was a case where the media had an obligation to keep the public informed. Matthew Agius
12:39 On the issue of external pressure, she said the issue was whether the Chief Justice had put any pressure on the magistrate as to how to conduct the case. Only the court could answer this, she said, but it would appear to be absent here, argued the lawyer. Matthew Agius
12:36 Comodini Cachia is using European case law to examine the method of appointment of magistrates Matthew Agius
12:33 "If the defence is complaining about proceedings within a reasonable time then it is truly showing how frivolous and vexatious the request for the Constitutional reference is." Matthew Agius
12:31 There is no appeal from the court's decree, said the lawyer, accusing the defence of trying to work around this by resorting to different proceedings Matthew Agius
12:30 "The objection on the grounds of impartiality..." Cuschieri objected to her "putting words in his mouth." Matthew Agius
12:29 Therese Comodini Cachia is making her submissions Matthew Agius
12:29 "Did the Chief Justice place any undue pressure on you to take the case? His job at law is to assign cases" Matthew Agius
12:28 He denied media reports that the first selection of a magistrate by lot was recorded on video Matthew Agius
12:26 Galea Farrugia replied that the Chief Justice's role involved assigning cases. "God forbid the Chief Justice factors in considerations when assigning a magistrate to a case." Matthew Agius
12:25 Defence is insisting on a magistrate with no ties to the deceased and an investigation into how the choice was made Matthew Agius
12:24 The court said the issue had been settled and assured the accused that there is no influence on her decision-making. Matthew Agius
12:23 The media pressure, the Prime Minister's comments on the issue, could influence the decision he said, asking for the parties to sit down and reach a consensus on the magistrate to hear the case. Matthew Agius
12:21 On the request for a Constitutional reference, Cuschieri argued that the situation with the various recusals, in which the cases were assigned at the Chief Justice's sole discretion, without reasons being given, went against basic legal doctrine. There was no need for jurisprudence or foreign publications on this issue, said the lawyer. Matthew Agius
12:18 The recusal request was not based on any disposition of law or jurisprudence and was creating a disturbance in the judicial process, said the court, dismissing the request Matthew Agius
12:16 The court, having heard Fenech's request for her recusal on the basis of the blog post, said that it had not found any praise for the magistrate's husband and only found factual statements. There are no grounds for recusal, said the court. Matthew Agius
11:55 The sitting is currently suspended. Kurt Sansone
11:55 Recap: Magistrate Claire Stafrace Zammit has to decide whether she should recuse herself. If she decides to continue hearing the case, she will have to make a second decision as to whether to ask the constitutional court to investigate a possible breach of the men's right to a fair trial. Kurt Sansone
11:53 Recap: The prosecution is led by deputy attorney general Philip Galea Farrugia; the Caruana Galizia family is represented party civile by Jason Azzopardi, Therese Comodini Cachia and Eve Borg Costanzi Kurt Sansone
11:50 Recap: George Degiorgio, Ic-Ciniz, is represented by legal aid lawyer Marc Sant; Alfred Degiorgio, il-Fulu, is represented by privately engaged lawyers, Martha Mifsud and William Cuschieri; Vince Muscat, il-Kohhu, is represented by legal aid lawyer Martin Fenech Kurt Sansone
11:37 Magistrate Stafrace Zammit has retired to her chambers to deliberate on the defence's request for her recusal. Kurt Sansone
11:36 In the article titled 'MEPA taghna lkoll', Caruana Galizia had written so about Ian Stafrace, the magistrate's husband, who had just resigned from his role as CEO at the Planning Authority: "Unfortunately there were transparency and conflict of interest issues because that same law firm carried on with the MEPA’s entire case-load under contract, but the word is that Stafrace was a good CEO and respected for it." Kurt Sansone
11:34 This is the link to Daphne Caruana Galizia's article to which the defence is presumably referring to: https://daphnecaruanagalizia.com/2013/04/mepa-taghna-lkoll/ Kurt Sansone
11:31 The court will now retire to give its decree. Magistrate is annoyed by defence’s insistence to be given a time for when the court should reconvene. Kurt Sansone
11:30 The prosecution insists Caruana Galizia’s article did not include praise. Kurt Sansone
11:29 Defence lawyer William Cuschieri says the accused have a right to peace of mind that no criticism or praise would influence the case. Kurt Sansone
11:27 The defence is clinging to its argument that justice must be seen to be done like a totem. Kurt Sansone
11:27 Fenech insists that the fundamental rights of the individual are to be observed. “Justice must not only be done, but must be seen to be done." Kurt Sansone
11:26 The three men accused with Daphne Caruana Galizia's murder are quiet and following the legal exchanges attentively. Kurt Sansone
11:23 Fenech insists: "The article which praised your family could create prejudice against our case. This is why we are requesting your recusal." Kurt Sansone
11:23 Magistrate: “I'm not going to draw parallels with my colleagues who had withdrawn. I want you to discuss this case vis-a-vis my personal circumstances, which is what you are essentially doing.” Kurt Sansone
11:22 Defence lawyer Martin Fenech quotes the constitutional case of Lawrence Grech vs AG, which held that justice needs to be done and seen to be done. Azzopardi sarcastically prompted the defence on the details, which it was unable to recall. Kurt Sansone
11:20 Azzopardi quoted from the Church schools case in the 1980s, which ruled that the test of impartiality must be applied realistically. “The defence is doing so frivolously, ephemerally." Kurt Sansone
11:19 Azzopardi says the family had asked for the abstention of Magistrate Consuelo Scerri Herrera from the inquiry on the day of the assassination because of circumstances that were completely different. “We condemn in the strongest manner the easy way the defence wants the presiding magistrate to abdicate her responsibility, without citing a single judgment.” Kurt Sansone
11:18 Galea Farrugia rebuts: “It is unlucky that there are no appeals or reviews of decrees of abstention, but they are what they are. None of them [two decrees of recusal given by two previous magistrates] were based on legal arguments. Kurt Sansone
11:17 Fenech argues that when there was a magistrate who was uncomfortable to preside after having been criticised, the same should apply to a court that had been praised by the victim. Kurt Sansone
11:15 Defence lawyer Martin Fenech: "Here we are not talking about society’s rights, we are talking about the rights of these individuals... fundamental principles at the heart of the republic.” Kurt Sansone
11:13 What has happened so far: Two of the defence lawyers appearing for the Degiorgio brothers renounced patronage and were replaced. The defence is once again trying to get the magistrate to recuse herself. Magistrate Claire Stafrace Zammit is the third member of the judiciary to start hearing the compilation of evidence. Kurt Sansone
11:11 Azzopardi says the defence was not in the position to cite at least one single judgment of either local or European courts that sustain their arguments. The fact alone that the defence insists that justice must be seen to be done in a vague way, in a vacuum, gives no credibility to the request, which must be based on the articles of the Code of Organisation or Civil procedure, or a sentence of our courts or those of the ECHR. Kurt Sansone
11:10 Jason Azzopardi, representing the Caruana Galizia family, argues the defence was on a "fishing expedition". The efforts were not to get the magistrate to recuse herself but “to get her to abdicate her responsibilities at law for which she had sworn an oath before God and man". Kurt Sansone
11:08 Galea Farrugia said he was amused at the attempt to accuse the Chief Justice of forum shopping and referred to the code of ethics of the judiciary, which stipulates that members of the judiciary should recuse themselves as per law and "in all other cases they are bound not to abstain from their duty". Kurt Sansone
11:08 The prosecution says the law is clear in its criteria for those asking for a recusal: “There is no blood relationship, no marital relationship and no professional relationship to the parties, nor had the magistrate written about the case or paid costs related to it.” Kurt Sansone
11:07 Galea Farrugia accuses the defence of trying to drag out proceedings, first by repeatedly challenging the magistrates selected and now with a Constitutional reference. "We have a 160-year-old procedure that has been reduced to ridicule." Kurt Sansone
11:05 Court does not appear amused with defence's attempts to seek recusal Kurt Sansone
10:59 The magistrate said that as far as she knew there was only one article and she had only been mentioned in passing. Matthew Agius
10:57 Martin Fenech formally asked for a recusal of the magistrate Matthew Agius
10:56 Deputy AG Philip Galea Farrugia asked the defence to clarify whether they were requesting a recusal or not Matthew Agius
10:56 Deputy AG Philip Galea Farrugia asked the defence to clarify whether they were requesting a recusal or not Matthew Agius
10:55 The magistrate asked Cuschieri why he had not simply asked for her recusal. He replied that the court had already dismissed a similar request by his colleague Matthew Agius
10:55 Cuschieri cited European case law which dealt with judicial independence when faced with heavy public scrutiny. "Yesterday if you googled the magistrate's name you would have found criticism, today's you will find praise for your husband." Matthew Agius
10:52 The court pointed out that if the request was so important, it should have been made ready before the court hearing began Matthew Agius
10:49 Lawyers Martin Fenech and Marc Sant joined Cuschieri in this request Matthew Agius
10:48 A Constitutional reference would stall proceedings until the matter was decided by the Constitutional Court. The magistrate pointed this out to the defence, reminding them that the 30-90 day period for the compilation of evidence would run on, regardless Matthew Agius
10:45 He asked whether the way judiciary was being chosen was in line with the Constitution. "Is there independence or is there pressure?" asked the lawyer Matthew Agius
10:44 William Cuschieri asked for a Constitutional reference, saying the first magistate had been chosen by lot and the rest chosen by the Chief Justice. The PMs comments on his confidence that the Chief Justice would not allow the case to be lost on a technicality were also noted. Matthew Agius
10:44 Lawyer Martin Fenech attempted to get the magistrate to recuse herself but she turned this request Matthew Agius
10:44 Lawyer Martin Fenech attempted to get the magistrate to recuse herself but she turned this request Matthew Agius
10:43 Lawyer Josette Sultana was appointed legal aid in Valenzia's stead. Lawyer Marc Sant, as head of Legal Aid service, will be assisting the accused for today Matthew Agius
10:43 Lawyer Josette Sultana was appointed legal aid in Valenzia's stead. Lawyer Marc Sant, as head of Legal Aid service, will be assisting the accused for today Matthew Agius
10:36 Lawyer Benjamin Valenzia has also announced that he is unable to continue to represent George Degiorgio due to a potential conflict of interest Matthew Agius
10:32 Lawyers William Cuschieri and Martha Muscat have taken over the defence of Alfred Degiorgio, after lawyer Francina Abela renounced her patronage during this sitting Matthew Agius
10:30 One of the accused, Alfred Degiorgio, has just entered the courtroom Matthew Agius
10:29 The Caruana Galizia family is being represented in the proceedings by lawyers Therese Comodini Cachia and Jason Azzopardi Matthew Agius
10:28 The lawyers, Deputy Attorney General Philip Galea Farrugia, Benjamin Valenzia, Martin Fenech and Francine Abela, who are defence counsel to the accused are here, as are Police Inspectors Keith Arnaud and Kurt Zahra Matthew Agius
10:23 Security has started ratcheting up, indicating that the accused will be here soon. The live blog will be resuming shortly. Matthew Agius
08:44 THE LIVE BLOG WILL RESUME AT 10:30AM Matthew Vella
08:11 It's worth reminding that we are still at a pre-trial stage during which the prosecution presents the evidence against the accused. The magistrate at this stage has to decide whether there is enough prima facie evidence for the accused to stand trial. And this has to be done within 30 days of the charges being filed. So the court is fighting against time here. Matthew Vella
08:10 It's been a complex process so far, so make sure to get up to scratch with the story with our links in the story down here. Matthew Vella
08:06 Good morning. We're at the law courts today once again where the prosecution is hoping to proceed with the charges against the three men accused of the murder of Daphne Caruana Galizia, after two magistrates already recused themselves in the case. Matthew Vella

READ ALSO:
Game of courts: Why investigators fear suspects could demand recusal of new magistrate
Murder suspect George Degiorgio ‘ic-Ciniz’ was associate of 2016 car bomb victim
The Degiorgio brothers and Muscat were arrested during a massive police and army raid on their quarters in the Menqa area of Marsa on 4 December. Seven other men arrested during the raid have since been released on police bail.

 

Matthew Agius was Senior Reporter on Law and Court Affairs at MaltaToday from 2014 to 2024...
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