Judge orders Attorney General to give copies of Caruana Galizia murder inquiry to Maksar brothers
The Attorney General has been ordered to request further copies of the magisterial inquiry into the murder of Daphne Caruana Galizia, after a judge upheld a disclosure request by the two men accused of supplying the bomb used to kill her.The Criminal
The Attorney General has been ordered to request further copies of the magisterial inquiry into the murder of Daphne Caruana Galizia, after a judge upheld a disclosure request by the two men accused of supplying the bomb used to kill her.
The Criminal Court’s order came on Friday morning, as Madame Justice Edwina Grima presided over the pre-trial proceedings against Jamie Vella, George Degiorgio and the tal-Maksar brothers Adrian and Robert Agius.
Vella and the Maksar brothers are indicted over their alleged involvement in the murders of Daphne Caruana Galizia and Carmel Chircop.
Earlier, in a decree delivered from chambers, earlier, Madam Justice Edwina Grima had turned down Jamie Vella’s tenth request for bail..
In the previous sitting, held last month, the judge had ordered the registrar of the Criminal Court to request the inquiring magistrate’s permission to exhibit copies of the inquiry into the murder of Daphne Caruana Galizia, and ordered the registrar to exhibit transcripts of the testimonies given by Vincent Muscat and Melvin Theuma in the case against Alfred and George Degiorgio.
During Friday’s sitting, the Criminal Courts and Tribunals’ Assistant Registrar was called to the stand. The witness exhibited a list of cases against Vincent Muscat, as well as the testimony given by Muscat and Melvyn Theuma during the civil case against Yorgen Fenech.
But the full magisterial inquiry into the murder of Daphne Caruana Galizia could not be exhibited-“The decree is still pending before the magistrate,” explained the witness, adding that the court administration was still working on making copies of Vincent Muscat and Melvin Theuma’s testimony in the cases against the Degiorgios and Fenech.
There is a substantial amount of documents to go through, including statements before the investigating officials, explained the witness.
Lawyer Alfred Abela clarified that the defence only needed “from volume 25 onwards” of the inquiry.
This was virgin ground, both for the prosecution and the court. The judge explained that on one hand she understood the defence’s interest in having all of the evidence in their possession and could not deny that right, but on the other hand, if the inquiry is still ongoing, as this would put the inquiring magistrate in a difficult position.
The law was silent on this issue, said the judge.
The Attorney General could request the inquiry be closed, Abela suggested, but the judge pointed out that she was faced by a different scenario in which the AG had already done so but the inquiry had subsequently been re-opened.
The issue appears to be whether their defendant’s right of disclosure overrides the rest of criminal procedure.
Before adjourning the case to September 5, the court ordering the Attorney General to file a request before inquiring magistrate Victor Axiak, who is conducting the inquiry into the murder of Daphne Caruana Galizia, asking him to prepare an additional case file, “consisting of volumes 25 and onwards of the inquiry to date.” This would establish what further evidence had been collected by the inquiry so far, and whether it could be relevant to this case. The defence had the right to the disclosure of all material evidence which could be relevant to this case, said the judge, ordering the AG to comply with the order before the next sitting.
At the end of the sitting, prosecutor Anthony Vella filed a written reply to an application filed by Robert Agius, who is requesting special permission for leave to attend a family party. The court announced that it would be issuing a decree on that request from chambers.
Lawyer Ishmael Psaila is assisting Jamie Vella.
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