Middleman in assassination of Daphne Caruana Galizia leaves court

Key points from Melvin Theuma's testimony so far:

• Theuma claims Yorgen Fenech was the person who ordered the murder, saying Fenech had been the person who paid him for it and was therefore the “mandant”

• Theuma says Alfred Degiorgio, George Degiorgio and Vince Muscat were tipped off about the police and army raid on the potato shed in Marsa in December 2017 by Yorgen Fenech

• Yorgen Fenech had gambled €150,000, through Theuma, on the outcome of the 2017 election. Theuma was given a 5% commission, amounting to €7,500.

• Yorgen Fenech had put the planned murder of Daphne Caruana Galizia on hold when the 2017 election was called. After the election, Fenech told Theuma the plan to assassinate the journalist was back on.

• Theuma was given a government job through Keith Schembri’s intervention. Previously, Yorgen Fenech had arranged for somebody from Castille to contact Theuma and schedule a meeting for him with Schembri. The photo showing Theuma and Schembri was taken during that meeting.

• Yorgen Fenech first told Theuma about his intentions to kill Daphne Caruana Galizia in 2017, before that year's general election was announced.

Earlier

Magistrate Nadine Lia has recused herself from hearing the compilation of evidence against 17 Black owner Yorgen Fenech.

Nadine Lia, daughter-in-law to the prime minister’s lawyer Pawlu Lia, faced a recusal request by the Caruana Galizia family last night.

Prosecutors will not be presenting evidence today against Tumas magnate and 17 Black owner Yorgen Fenech, charged with complicity in the assassination of journalist Daphne Caruana Galizia.

In her decree, the magistrate said that it was "absolutely not true" that she had already decided not to recuse itself. This was misinformation intended to be fed to the media and create a sensation, she said. The objections could also have been filed before she was even selected, added the magistrate.

Although it was not a legal requirement, the magistrate said, after consulting with European judgments and law, that justice must not only be done but be seen to be done. For this reason, Magistrate Lia recused herself from hearing the case.

At 10:30am, middleman Melvin Theuma, who was asked by Yorgen Fenech to contract the three men who carried out the Caruana Galizia execution, will be giving evidence.

Yesterday Fenech claimed in a separate court writ filed by his lawyers, that former chief of staff Keith Schembri had made “considerable efforts” to stop him from passing on incriminating information to the police, including interventions by third persons and through promises.

This had led to Fenech being impeded “for some time and in a most deceptive manner” if not also in breach of the law, from passing on all the information he had to the competent authorities, he claims.

This emerged in an action for judicial review filed by Fenech against the apparent refusal of his request for a presidential pardon, in return for information which could implicate Prime Minister Joseph Muscat’s former Chief of Staff, Keith Schembri.

In a sworn application to the First Hall of the Civil Court, Fenech, who described himself as a “person of interest” in the homicide investigation, said that he had not been informed of the outcome to his request, but that the media appeared to have been informed that it would not be granted.

He argued that he had the right to a fair hearing, “free of the interference of political interests, if not frankly direct personal interests and a serious conflict of interest.” Therefore the situation whereby the Prime Minister and his Cabinet, which up till a few hours ago still had Keith Schembri as a member, also decided whether to grant or reject his offer to tell all, was “worrying,” he said.