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Yorgen Fenech, A Middleman’s Testimony, And A Public Inquiry: This Week In Court Could Be Huge For The Daphne Caruana Galizia Murder Case

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A week is a long time in politics. However, the last two have felt like a century.

The arrest and prosecution of Tumas Group business magnate Yorgen Fenech in connection with the assassination of Daphne Caruana Galizia has spurred on a political crisis that has implicated both Prime Minister Joseph Muscat and his former Chief of Staff Keith Schembri.

Rumour has been rife, with official information only emerging from the Prime Minister’s lips despite his massive conflicts of interest in the case.

The courts, however, provide a public platform where the facts of the case are laid bare, and this week is set to be huge with the Daphne Caruana Galizia murder being the focus of three separate cases.

Here’s what you should look out for this week:

Wednesday 4th December: 9:00am 

The compilation of evidence in the case against Yorgen Fenech kicks off at 9am tomorrow.

Fenech pleaded not guilty to charges relating to complicity in the assassination of Caruana Galizia. Tomorrow’s sitting could be short with Magistrate Nadine Lia relationship to the Prime Minister’s lawyer, Pawlu Lia (her father-in-law) surely providing a basis for her recusal. The Caruana Galizia family has filed an application demanding it takes place.

A new magistrate will be selected by lot. However, in the compilation of evidence against the men accused of carrying out the assassination, two magistrates recused themselves before the case started, with one stating she could have a perceived conflict of interest because she used to share a class with one of Caruana Galizia’s sisters back when they were children.

Should Lia not recuse herself, the sitting will most likely cover the essential facts of the case, before getting into the nitty-gritty in subsequent hearings.

The process could take long, with Fenech already filing a constitutional case against Inspector Keith Arnaud, with his lawyers arguing that the inspector has been acting under the influence of former Prime Minister’s Chief of Staff Keith Schembri.

The reasons for the case were outlined in a Lovin Malta report. However, two notable examples were Arnaud’s wife being granted a job at Infrastructure Malta on Schembri’s request, and Arnaud having provided Schembri with updates on the murder investigation.

Wednesday 4th December: 10:30am 

Melvin Theuma, the suspected middleman who has damning recordings that allegedly implicate both Fenech and Schembri, will appear before Magistrate Claire Stafrace Zammit, who is overseeing the inquiry involving the three men charged with carrying out the murder.

Theuma is expected to provide a detailed account of what he’s told investigators and outlined in the presidential pardon offered by Prime Minister Joseph Muscat. PN MP Jason Azzopardi, who appears on behalf of the Caruana Galizia family, is expected to cross-examine him.

Theuma, who was initially arrested on money laundering charges, is spilling the beans on the crime. However, his relationship with Schembri remains unclear.

A photo of the pair at Castille has emerged, while a handwritten note by Theuma naming both Schembri and Fenech has been published.

What Theuma knows could be crucial to solving the case; expect a riveting sitting which would reveal telling details about the roles each person had to play.

Friday 6th December: 9am

The public inquiry into the Daphne Caruana Galizia assassination will finally start, following years of campaigning, political lobbying, and pressure from the Council of Europe forced the government’s hand.

The late journalist’s widower Peter Caruana Galizia and son Matthew Caruana Galizia are expected to be the first two people to testify.

Former Chief Justice and Ombudsman Joseph Said Pullicino and incumbent judge Abigail Lofaro replaced constitutional lawyer Ian Refalo and forensic expert Anthony Abela Medici on the three-person board following concerns over the impartiality of the inquiry. Retired judge Michael Mallia is the chairperson of the inquiry board.

The inquiry will investigate whether any wrongful action or omission by or within any state entity facilitated the assassination of Caruana Galizia or failed to prevent it.

It will also establish whether the Maltese state has laws and measures to avoid the development of a de facto state of impunity and whether the state is fulfilling its obligation to protect people, particularly journalists, whose lives are under threat.

The board will have access to all information. However, while the inquiry will be held in public, some hearings can be heard privately over confidentiality concerns.

The inquiry must be concluded in nine months, with the board expected to draft a report for the Prime Minister and Attorney General which will then be published.

Some parts may be redacted. However, if it does, the board is bound to provide the Caruana Galizia family with a full copy that cannot be published.

READ NEXT: WATCH: Justice Minister Owen Bonnici Egged By Protestors As He Walks Into Castille

Julian is the former editor of Lovin Malta and has a particular interest in politics, the environment, social issues, and human interest stories.

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