The jury trial of brothers Robert and Adrian Agius, known as the ‘Ta’ Maksar’ brothers, along with Jamie Vella and George Degiorgio who are accused of the murders of investigative journalist Daphne Caruana Galizia and lawyer Carmel Chircop will continue today.
Daphne Caruana Galizia, 53, was assassinated in a car bomb attack near her home in Bidnija on 17 October 2017. The explosion occurred shortly after she left her house around 3pm, when a remotely triggered device detonated under the driver’s seat of her Peugeot 108.
Carmel Chircop, a 51-year-old lawyer and financial advisor, was gunned down in the garage of a business complex in Birkirkara. He was shot multiple times as he arrived at work in the morning. The murder initially appeared to be an isolated incident, but later revelations connected the killing to organised crime.
According to prosecutors, both murders are tied to the same organised crime network, whose members carried out or facilitated contract killings to eliminate threats.
On the first day of the trial, the jury was empanelled and prosecution lawyers made their submissions, laying out the facts on the two murders.
The prosecution is being led by lawyers Godwin Cini and Anthony Vella.
Lawyers Ishmael Psaila and Amadeus Cachia are representing Jamie Vella.
Lawyers Alfred Abela and Rene Darmanin are representing Robert Agius.
Lawyer Nicholas Mifsud is representing Adrian Agius.
Lawyers Noel Bianco and Leslie Cushieri are representing George Degiorgio.
Judge Edwina Grima is presiding over the case.
11.10 Jurors are temporarily excused as the defence lawyer raises concerns about the prosecution’s handling of witness testimonies. The defence points out that, according to the Attorney General’s office, certain individuals listed as witnesses had not appeared in the official charge sheet. The court rejects the defence’s objections. Everything will continue as planned The first phase of the jury proceedings is now concluded, with the focus shifting to the next crucial stage of the trial. However, before this transition, jurors are asked to step out as the defence lawyers raise a point regarding certain aspects of the case.
10:59 Anthony Vella reminds the jury of the “profound human impact of the murders”. He speaks of how Carmel Chirchop, the accused, left behind a family-a wife, children, and loved ones. Similarly, he highlighted the devastating consequences for Daphne Caruana Galizia’s family, noting that her husband was left without a wife, and her children without a mother.
10:49 Before the jury enters back into the courtroom, the court allows the prosecution to read the testimony of architect Richard Aquilina, “when its time”, due to the fact that he is currently recovering in hospital. The defence raised no objection to this course of action, and the court upheld the prosecution’s approach given the circumstances.
10:09 Vella is requesting a brief break, citing an urgent matter that required his attention. The magistrate informs those present that proceedings will resume at 10:30am.
10:00 Vella is now speaking about hearsay evidence in court. Hearsay refers to information that a witness relays not from their own direct experience, but from what they have heard or learned from someone else. Vella explains that there are key exceptions where hearsay evidence can be permitted.
According to Vella, the court may allow hearsay when the information being shared is substantial and important to the case. Additionally, hearsay may be admitted if the person who originally provided the information is unavailable to testify themselves. These exceptions are designed to ensure that crucial evidence is not excluded simply because of its source, especially when the testimony could provide essential context to the case.
09:59 Anthony Vella is discussing the importance of circumstantial evidence in legal cases. He says his colleague, Danica, went to a supermarket and noticed several people with wet hair, wearing raincoats or holding umbrellas. While Danica didn’t directly see the rain, these observations served as circumstantial evidence, suggesting that rain had occurred.
Vella adds that, with another layer of circumstantial proof, Danica then spoke with another colleague, who confirmed that heavy rain had fallen. This additional information reinforces the idea that it was indeed raining, even though Danica had not witnessed it firsthand.
Circumstantial evidence, while indirect, can accumulate to a point where one is morally convinced of the truth-in this case, that it had rained. Vella says that, much like in legal investigations, the pieces of circumstantial evidence can build a strong case.
09:55 Anthony Vella is speaking about the challenges of reaching absolute certainty in a complex murder case, urging caution when forming conclusions without direct evidence.
He tells the jurors to look at the coat of arms affixed to the panel on the wall behind the magistrate. He asks them to imagine the wall without the coat of arms, and that by peeling away a section of this panel, a hidden painting might be uncovered.
Vella insists that one cannot be absolutely certain about what lies beneath the surface. The revelation is gradual. He says that when a fragment of the wall is removed, the figure of a woman emerges. Yet, only when another piece is revealed, showing the face, it is clearer that behind the panel there’s the painting of the Mona Lisa.
Vella says this is similar to legal cases where one may not have all the pieces of the puzzle, but with enough evidence, one can reasonably infer the truth. “Even without having every single piece, we can still understand the bigger picture,” he says. Vella draws a parallel to the ongoing murder case. However, he reminds the jurors that the accused must still be considered innocent until proven guilty.
09:32 Anthony Vella addressed the jury, stressing the importance of basing their verdict solely on the evidence presented during these proceedings.
“Your decision must rest entirely on these facts – nothing more, nothing less,” he said. He insisted that any form of prejudice or external influence should be avoided.
09:21 Court reporters are allowed into the courtroom, and proceedings begin.
09:17 On the first day of the trial, the jury was empanelled and prosecution lawyers made their submissions, laying out the facts on the two murders. According to prosecutors, both murders are tied to the same organised crime network, whose members carried out or facilitated contract killings to eliminate threats.
09:15 Good morning. This is the second day of proceedings in the jury trial of brothers Robert and Adrian Agius, known as the ‘Ta’ Maksar’ brothers, along with Jamie Vella and George Degiorgio who are accused of the murders of investigative journalist Daphne Caruana Galizia and lawyer Carmel Chircop.