Police Commissioner Angelo Gafa has told the court that the police do not have in their possession the allegedly ‘lost’ phone of former OPM chief of staff Keith Schembri.
He confirmed however that a second phone which was in the police’s possession is currently the subject of a magisterial inquiry.
Lawyers representing the alleged mastermind in the Daphne Caruana Galizia assassination Yorgen Fenech had submitted a court application last month, arguing that a Constitutional case they had filed in an attempt to get lead investigator Keith Arnuad removed from the case needed to be reopened in order for the police to testify about Schembri’s phone.
Judge Lawrence Mintoff had accepted the request and ordered that the phone data be divulged in the case.
Gafa clarified to the court this morning that the phone that was the subject of a magisterial inquiry was not the same one he had supposedly lost at the end of 2019, shortly after Fenech was arrested by the police.
Fenech’s legal team has argued that the phone would contain essential information, proving their clients’ claim that Arnaud had a close relationship with Schembri and therefore could not be trusted to lead the case.
The Commissioner noted that according to the law, documents forming part of the inquiry could not be exhibited in court and that this could only happen if it was accepted by the Attorney General and only once the records were deposited in the court registry.
The court’s decree ordering Schembri’s phone data to be submitted in court should therefore be revoked, the Commissioner argued.
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