[WATCH] Keith Schembri still under investigation but not arrest, inspector tells court

Keith Schembri leaves court

Police are still investigating Keith Schembri over the murder of Daphne Caruana Galizia, even though he is not under arrest.

This emerged in court as the constitutional case filed by Daphne Caruana Galizia murder mastermind Yorgen Fenech to have the lead investigator in the case, inspector Keith Arnaud, removed, continued on Tuesday.

Fenech had filed the case in November, after his arrest, demanding that Arnaud be removed from the Caruana Galizia murder investigation.

Fenech claims that Arnaud is too close to Schembri to investigate the case serenely.

He has claimed that Schembri had kept him informed of all the progress in the murder investigation, passing on sensitive information including that Fenech’s own phone was being tapped. Schembri got the information from Arnaud, he claims.

The sitting on Tuesday saw Fenech and Arnaud both taking the witness stand.

The police had gone to arrest Schembri, Arnaud told the court, and after some difficulty in finding his residence, had taken him into custody. Schembri was released shortly afterwards, with the police releasing the briefest of statements saying that there was “no need for Schembri to remain under arrest.”

Arnaud told the court that police had conducted a raid on Schembri’s Castille office but did not find any electronic devices there. Schembri's laptop was found and seized from his home and it is currently being examined by experts.

That process is expected to take some time, he said. The forensic tests being run on the device are time-intensive. There are other laptops which are being examined-previous court sittings heard how laptops belonging to members of Fenech's family's were also seized.

Lawyer Marion Camilleri asked Arnaud about this statement in court on Tuesday. He explained that while Schembri’s questioning was over, the investigation into his connection to the murder was “ongoing”.

The inspector had explained at length as to why, at first, it was felt that there was no need to arrest Schembri, the former Chief of Staff to the Prime Minister, when his name first came up in phone intercepts. Schembri and Fenech were friends, he said, and the mentions were not suspicious.

That changed when it was alleged that Schembri was manipulating and pressuring Fenech whilst he had been in custody, however. Schembri was immediately arrested.

Before his arrest, Schembri had been present only for briefings relating to the case and not to those relating to the Malta Security Services, Arnaud said.

Melvin Theuma’s mobile phone was tapped in the first week of May 2018, and Yorgen Fenech’s was tapped after that in 2018, the inspector went on to say.

He denied passing on any information to Keith Schembri in the early stages of the investigation. “I did not. I went to Castille for the first time in my life for the first briefing. Keith Schembri was there but I didn’t speak to him... these meetings were not organised by myself.”

At the time Assistant Commissioner Silvio Valletta would organise the meetings he said.

Arnaud had started exchanging information with Schembri after May 2018, when Valletta was ordered off the investigation due to a potential conflict of interest – he is married to cabinet minister Justyne Caruana.

The Prime Minister’s former chief of staff, Keith Schembri, was also meant to testify on Tuesday, but he did not initially turn up. After an arrest warrant was issued by the magistrate, court officials escorted Schembri to Mr Justice Lawrence Mintoff’s courtroom.

He did not give testimony however, as the sitting was adjourned till Wednesday, since Victoria Buttigieg, one of the lawyers representing the Attorney General's office in the case, was due to be appointed State Advocate later that afternoon, and would have been late for her swearing-in had the case continued.

Schembri has insisted that he was not notified about his court summons and only got to know that he was meant to give testimony through following media reports.

Tuesday’s sitting also saw alleged mastermind Yorgen Fenech take the stand. He was asked about Arnaud’s friendship with Schembri. He had never seen them together, he said, but Schembri would receive messages from Arnaud in Fenech’s presence-although he could not say whether they were about the investigation or not. “He’d say ‘look, I’ve received a message from Arnaud’,” Fenech said.

Fenech said Keith Schembri had told him that the police were following Melvin Theuma closely. He also said that they were investigating his finances, and planned to raid his house on the pretext of financial issues, but with the true intention of finding his recordings.

“I was never present for the meetings between Schembri and Arnaud, so if Schembri was lying, I don't know now,"” Fenech said.

12:45 Just before the sitting was adjourned, CCTV footage of Yorgen Fenech at the police lockup on 20 and 21 November was exhibited. Massimo Costa

12:26 Schembri’s lawyer Edward Gatt has assured the court that Schembri would appear at the next court sitting without needing to be told to do so. The next sitting has been scheduled for 10:30am tomorrow. Massimo Costa

12:25 Despite this, the sitting has been adjourned. The reason for this is that lawyer Victoria Buttigieg, who is representing the Attorney General’s office in this case, is being appointed State Advocate this afternoon, and would be late if the sitting continued. Massimo Costa

12:23 Keith Schembri’s lawyer, Edward Gatt, has just arrived in the courtroom. Schembri was some moments ago escorted to court by the police in order to testify, after he failed to turn up earlier today despite being summoned. Massimo Costa

12:21 Arnaud has now finished his testimony. The lawyers have approached the bench again. Massimo Costa

12:21 Arnaud tells the court that while Theuma was in hospital, he did not believe that he had asked for any particular doctor to treat him, but clarifies that he did not recall for certain. Massimo Costa

12:20 Defence lawyers Gianluca Caruana Curran and Marion Theuma ask Arnaud for more information on the leak. Arnaud says that, during Yorgen Fenech’s interrogation, Caruana Curran had shown him, on his mobile phone, a copy of the pardon agreement for Theuma. Arnaud adds that the police are still going through Fenech’s mobile phone to see if he was in possession of a copy of the pardon agreement. Massimo Costa

12:13 Arnaud tells the court that, in October this year, there had been a leak of Theuma’s name to a newspaper. Arnaud says he had intervened to stop the newspaper from publishing an article on this, in order to protect the investigation. The newspaper had cooperated and not published anything. Had the newspaper published the information, the investigation would have been put in jeopardy. Massimo Costa

12:11 Inspector Keith Arnaud’s testimony continues. He says the police had not arrested Keith Schembri earlier because, originally, the versions in the Theuma letter and that given by the suspects were matching. When Adrian Vella - the doctor of both Yorgen Fenech and Keith Schembri who allegedly acted as a go-between for the two - was arrested, Theuma’s version of events concerning Schembri changed. Subsequently, Schembri was immediately arrested. Massimo Costa

12:04 Lawyer Marion Camilleri is pointing out a discrepancy in Theuma’s version of events. She says that on the one hand the police were saying that Melvin Theuma had left a handwritten letter mentioning everyone involved in the case, including Schembri, as a safeguard in case he were to be eliminated. On the other hand, however, in the version of how things had transpired which he have to the police under questioning, Theuma had excluded any mention of Schembri. Massimo Costa

11:56 Defence lawyer Marion Camilleri asks Arnaud again how come nobody had drawn his attention to the friendship between Yorgen Fenech and Keith Schembri, considering Fenech’s calls had been tapped since 2018. Arnaud repeats that nobody had informed him of this relationship. Massimo Costa

11:54 Magistrate Neville Camilleri started leading the Caruana Galizia murder inquiry in mid-2018. The magistrate would not be updated with minor details, Arnaud said, but, he was told of the outcomes of the briefing meetings. Massimo Costa

11:52 Arnaud continues with his testimony. He says Europol were not present for the briefings related to the Caruana Galizia murder case which he held at Castille, but that they were aware of them and that he would update the EU law enforcement agency himself. Massimo Costa

11:48 Arnaud says Schembri had never told him that he had given work - a government job for which he never turned up but received paychecks for - to Melvin Theuma Massimo Costa

11:47 The calls he heard had not illustrated the close relationship between Schembri and Fenech, Arnaud said. He had been present only for meetings relating to the case, not to those relating to Malta’s Security Service. Massimo Costa

11:46 Keith Arnaud says that Melvin Theuma’s mobile was tapped in the first week of May 2018, and Yorgen Fenech’s was tapped after that in 2018, but the inspector was not clear on when exactly. He had not listened to Fenech's mobile calls, but had seen transcripts. Massimo Costa

11:46 The sitting has resumed. Massimo Costa

11:21 The court has called a ten minute recess. Paul Cocks

11:20 The lawyers have approached the judge's bench and are discussing something out of earshot of the press. Paul Cocks

11:20 The witness is being asked about informal conversations with Schembri before briefings. “We would talk about football, children and so on,”Arnaud said. There was no mention about jobs for people, he replied to a question from the judge. Paul Cocks

11:14 Schembri’s questioning was over but the investigation is ongoing, Arnaud said. Paul Cocks

11:13 Camilleri asks Arnaud about the statement police issued on the arrest of Schembri. The statement had said that there was "no need for Schembri to remain under arrest". Paul Cocks

11:09 Inspectors Arnaud and Kurt Zahra had gone to arrest Keith Schembri. “We could not find his residence and had to ask neighbours,” Arnaud said. Paul Cocks

11:09 Vella was questioned and said he had collected the note from Keith Schembri. He had not read the 5-page document, he said, but had popped it in his jacket and passed it on to Fenech. Paul Cocks

11:02 “Did you speak to Keith Schembri? What was Dr. Vella's involvment?” asked the lawyer. Paul Cocks

11:02 Fenech had told the polcie that he had given false versions of events because Schembri had promised him a pardon, Arnaud says. Paul Cocks

11:01 Camilleri presses: What about when it emerged that Schembri was manipulating and pressuring him..? Paul Cocks

11:00 Schembri's name came up in the intercepts because he was a friend of Yorgen’s, said the inspector. There was no need to arrest him, he said, explaining at length. Paul Cocks

10:56 Opposing counsel objected to the direct question and the court said the question would not be allowed. Paul Cocks

10:56 “When Yorgen Fenech mentioned Schembri, did you inform Shcembri that you would be questionoing him?” Camilleri asked Arnaud. Paul Cocks

10:53 Fenech – seated across the courtroom – could be seen gesticulating and smiling when Arnaud spoke about the investigation on Schembri. Paul Cocks

10:52 “We’ve investigated both the leak and Schembri’s role,” Arnaud told the court. Paul Cocks

10:51 Yorgen Fenech laughed when Arnaud used part of an informal statement. Paul Cocks

10:51 “Were the people involved in the meeting investigated?” asked the lawyer. Paul Cocks

10:51 The leak was investigated. Paul Cocks

10:50 "With the leak that there was, I was the person in most danger," said the inspector. "i feel in danger because there were people invovled in the murder who knew what I was doing." Paul Cocks

10:49 At first, Schembri was being mentioned a lot in the recordings. There was a mention of him in connection with "ix-Xih". Paul Cocks

10:48 Arnaud says that Theuma’s lawyers wanted an agreement signed by the PM guaranteeing his pardon on the 16th. In the meantime the police started listening to the recordings. Paul Cocks

10:47 "After 14 November, I was shocked that everyone knew." Paul Cocks

10:47 Melvin Theuma was arrested on the 14. Arnaud says the police had taken care not to make anyone aware. Paul Cocks

10:39 Melvin had been very angry at Yorgen and he had sworn at him and "his friend Keith Schembri," recalled the inspector. Paul Cocks

10:37 Arnaud says he had heard Keith Schembri being mentioned once in the phone taps. Paul Cocks

10:35 Fenech had been mentioned by Theuma, he said. Paul Cocks

10:34 Keith Schembri's name had cropped up the first time only after he had started investigating Yorgen Fenech, said Arnaud. Paul Cocks

10:34 Theuma's phone was tapped after April 2018. “We had agreed on the way forward in March this year, with regards to Theuma,” Arnaud says. “The investigation was concentrated on Theuma.” Paul Cocks

10:30 “No,” Arnaud says. "I would call him to arrange a meeting to update the PM with developments. I am not going to call the Prime Minister myself." The updates for the PM would not be about the plans for the investigation, he explans. They would inform the PM about the foreign aspects of it, Europol and the like. Paul Cocks

10:30 “Was this what was being discussed with Schembri?” asked Camilleri. Paul Cocks

10:28 "The case was dominated by the recordings... we were seeing our case increasingly reliant on the recordings." Arnaud said. Paul Cocks

10:25 Camilleri asks if Theuma's phone was tapped during this period. Arnaud: “Yes, all of them - Theuma had a number of phones which he would use for different purposes.” The inspector says he was not involved in the intercepts, however. Paul Cocks

10:24 A number of meetings in the Hague, Malta and elsewhere were held to decide the way forward. “We had understood the role of Melvin Theuma. We had understood that Yorgen Fenech could be invovled but we could not be 100% sure,” Arnaud says. “Intelligence gathering and phone taps had established that this Melvin Theuma was always mentioning Yorgen and Yorgen alone," he said, emphasising the ‘alone’. Paul Cocks

10:22 Arnaud says he regularly deletes his Whatsapp history. Moreover, he has changed his phone since then, he says. "Up till May 2018 I never – ever, ever – called him and neither was i organising meetings with him. I would ask my superiors to do so." Arnaud said. Paul Cocks

10:20 'I use whatsapp on a daily basis, all the time,' he replies Paul Cocks

10:19 'Why is that?' she asks. Paul Cocks

10:18 Marion Camilleri asks Arnaud how he would communicate with Keith Schembri.. There were a few normal phonecalls but they later started to use whatsapp he says. Paul Cocks

10:14 The court has ordered a ban on the publication of details of the negotiations about the pardon to Vincent Muscat. Paul Cocks

10:12 Camilleri asked him when they had started exchanging information, to which he replies May 2018, after Valletta was ordered off the investigation. Karl Azzopardi

10:11 She asks him whether he had passed on any information to Keith Schembri. "I did not. I went to Castille for the first time in my life for the first briefing. Keith Schembri was there but I didn't speak to him...these meetings were not organised by myself." At the time Assistant Commissioner Silvio Valletta would organise the meetings he said. Karl Azzopardi

10:08 When the decision on the date of the raid was taken, the Prime Minister and Keith Schembri were absent. Karl Azzopardi

10:07 One of the briefings took place at Malta Security Services, he said. There were police and AFM members present. Karl Azzopardi

10:06 The arrests took place on 4 December 2017. Karl Azzopardi

10:06 Two briefings took place before the first arrests, he said. Karl Azzopardi

10:05 "The first one I went to, the first time I went to Castille and met the Prime Minister, took place at end of November 2017 just before the arrests took place." The PM, Keith Schembri, Assistant Commissioner of Police Silvio Valletta, AG representatives and others were also present. Karl Azzopardi

10:02 Camilleri asks him about the regularity of briefings in the Caruana Galizia murder investigation. Karl Azzopardi

10:02 Arnaud says he was shifted from the investigation to deal with other murders and attempted murders in 2018 and 2019, but had then returned to the investigation after "several weeks, months actually". The Caruana Galizia murder investigation would continue in his absence and said he had been updated upon his return. Karl Azzopardi

09:59 Marion Camilleri asks Arnaud about the investigation in general, and the arraignments of the three accused men. He is now explaining about the involvement of Europol and the task force appointed to investigate the murder. Karl Azzopardi

09:57 Inspector Keith Arnaud now takes the stand. Karl Azzopardi

09:57 The Attorney General lawyer asks him whether he had always been together with the Commissioner of Police, or other police officials when interrogated. Yorgen Fenech says he was. Karl Azzopardi

09:56 Yorgen Fenech is being asked about his friendship with Schembri. He had never seen them together, but he would receive messages from Arnaud whilst in Fenech’s presence. He could not say whether they were about the investigation or not. "He'd say 'look I've received a message from Arnaud',” Fenech says. Karl Azzopardi

09:53 "I was never present for the meetings between Schembri and Arnaud, so if Schembri was lying, I don't know now," Fenech says. Karl Azzopardi

09:52 Yorgen Fenech says Keith Schembri had told him that the police were following Melvin Theuma closely. He also said that they were investigating his finances, and planned to raid his house on the pretext of financial issues, but with the true intention of finding his recordings. Karl Azzopardi

09:51 "For example, what Vincent Muscat was telling Arnaud," began the witness. "But what was he telling him?" she asked. He said he was being updated on the status of the investigation. Karl Azzopardi

09:49 The lawyer asks Yorgen Fenech what information was passed on to him. Karl Azzopardi

09:48 The lawyer asks Fenech about an incident when he was given police bail. "You told us that at that time Mr. Arnaud had mentioned Keith Schembri." "I had mentioned Keith Schembri and he had said 'yes'," Yorgen Fenech says. Karl Azzopardi

09:45 Fenech is being asked about the allegations that Arnaud's wife was given a job. He is unable to recall the exact words said, but says that Schembri told him: “I got his wife a job”. Karl Azzopardi

09:44 Buttigieg asks about Fenech’s tapping allegations. A warrant is needed, she said. "I imagine so," replied the witness. Karl Azzopardi

09:43 He concedes that it could have been information from briefings in Castille. Karl Azzopardi

09:43 Victoria Buttigieg asks him about his testimony, where he said that Keith Schembri would pass on the information from Arnaud. Karl Azzopardi

09:42 Yorgen Fenech takes the stand and is administered the oath. Karl Azzopardi

09:41 He has presented an employment history of a person whose name cannot be published by court order. Karl Azzopardi

09:40 A Jobsplus representative takes the stand. Karl Azzopardi

09:38 The court has ordered a warrant of arrest be issued for Keith Schembri. He has not turned up in court, despite being notified. Karl Azzopardi

09:37 Arnaud is sitting at the back of the courtroom. He is wearing a charcoal grey suit. Karl Azzopardi

09:36 Inspector Keith Arnaud is also present in the courtroom. Karl Azzopardi

09:36 The judge enters. The sitting has begun. Karl Azzopardi

09:35 All the courtroom players are in place. We are waiting for Mr. Justice Lawrence Mintoff to enter the courtroom. Karl Azzopardi

09:25 Lawyers Kathleen Grima and Matthew Brincat are assisting Melvin Theuma. Karl Azzopardi

08:59 Media reports are stating that former Chief of Staff to the Prime Minister, Keith Schembri, could not be notified to appear in court this morning. Schembri had been called in as witness, in order to testify in the Constitutional case filed by Yorgen Fenech, the alleged mastermind behind the assassination. Yorgen Fenech will be seeking to remove police inspector Keith Arnaud from the case over a potential conflict of interest. Karl Azzopardi

The case continues on Wednesday with Keith Schembri and Melvin Theuma due to testify.

The case is being heard by Mr. Justice Lawrence Mintoff. Lawyers Victoria Buttigieg and Maurizio Cordina are appearing for the office of the Attorney General. Fenech is represented by lawyers Gianluca Caruana Curran and Marion Camilleri.