Yorgen Fenech’s defence team still does not have access to Melvin Theuma’s recordings or the video of his interrogation with investigators in a move legal sources are describing as “highly irregular”.
A legal source speaking to Lovin Malta explained that usually, the defence is given a copy or access to any evidence or document exhibited in court.
Regardless of the case, they said, a person charged with an offence should always have access to all the facts and details of the case against him once they have been presented to the magistrate.
Arnaud, however, has failed to make it clear why the defence team does not have access to this crucial evidence when it has already been presented in court, with lawyers repeatedly asking for the information in court.
It’s already creating an awkward situation.
In yesterday’s compilation of evidence, Arnaud regularly referred to the recordings and interrogation leaving lawyers Gianluca Caruana Curran and Marion Camilleri at a loss whenever challenging him.
The recordings, which were secretly taken by Theuma when meeting Fenech, are crucial. Beyond Fenech, the tapes also reportedly heavily feature the Prime Minister’s former Chief of Staff Keith Schembri.
Fenech has long claimed that Schembri was the mastermind behind the assassination and seems to be willing to provide crucial evidence in exchange for a plea bargain or pardon.
While Arnaud insists that Schembri is only spoken about in the context of bail being granted to the three men charged with carrying out the crime, Fenech’s lawyers have already filed a constitutional case to have him removed from the investigation over his links to Schembri.
Fenech claims that Schembri was able to keep him updated continuously on the case and leak sensitive details from information he got straight from Arnaud.
While Schembri denies the leak, Arnaud has confirmed that he regularly updated both the Prime Minister and Schembri on the case in official meetings in Castille.
Worryingly, Arnaud has said under oath that he had informed the pair of the imminent arrests of the men who carried out the murder on the “Wednesday or Thursday” before. Both Theuma and Fenech have confirmed that they told the three men charged with the murder the Thursday before.
Meanwhile, there are also allegations that Schembri helped Arnaud’s wife land a government job.
The compilation of evidence against Fenech continues on Monday 23rd December at 10am.