Fenech files application requesting Theuma to testify in next sitting after records were sent back

Monique Agius

Tista' taqra bil- Malti.

The defence team of murder suspect Yorgen Fenech have filed an application demanding that the proceedings resume and for middleman Melvin Theuma to return to the witness stand for cross-examination on Tuesday.

The application was filed erroneously since the Attorney General had already sent the records of the case to presiding Magistrate Rachel Montebello.

Fenech who was arrested in November 2019, stands accused of complicity in the murder of investigative journalist Daphne Caruana Galizia.

Filing the application under Article 405(5) of the Criminal Code the defence counsel have requested to summon a list of individuals indicated by them to examine or re-examine. This means that at the next sitting, the witnesses summoned would be those indicated by the accused and not by the prosecution.

The defence counsel had already submitted a similar application which landed before Judge Consuelo Scerri Herrera who recused herself from hearing the application filed. The case was subsequently assigned to another judge.

In their court application, the defence wants to summon the go between Fenech and the three alleged hitmen, Melvin Theuma, as well as Johann Cremona.

Theuma had been found in a pool of blood inside his home in Swieqi the night before he was due to testify on 22 July. The self-confessed middleman was in critical condition for some time due to the stab wounds he sustained which the police said appeared to be self-inflicted.

Cremona on the other hand had already taken the witness stand in June.

Fenech’s lawyers in the application filed earlier in November also requested that all service provider mobile phone data gathered in the course of the investigations, as well as those voice recordings by Theuma which had been discovered this year.

They also requested all phone taps in the possession of the prosecution which include calls between Edwin Brincat known as il-Gojja and former police commissioner Lawrence Cutajar, Theuma and Brincat as well as Theuma and the former assistant police commissioner Mario Tonna.

The application also requests that court experts appointed in July sitting to handle transcripts of recordings are to present their work.

It also includes prosecuting inspector Kurt Zahra and a Vodafone representative.

In their application on Tuesday, the defence team said that since the witnesses identified by the Attorney General are mainly experts and police officers, and therefore the Attorney General will not suffer from any prejudice if these are heard at a later stage.

In an earlier sitting, the defence had complained that the prosecution was dragging its feet on bringing forward evidence, however, Europol representatives who were expected to testify some time this year are not included in the defence’s application.

The application was signed by lawyers Marion Camilleri, Gianluca Caruana Curran and Charles Mercieca.