Issue link: https://maltatoday.uberflip.com/i/1531843
7 NEWS maltatoday | SUNDAY • 26 JANUARY 2025 Fenech's long road to bail events which would eventually see leading government figures resign, including then prime minister Joseph Muscat. Melvin Theuma and his recordings Less than 24 hours before Fenech was arrested, former prime minister Joseph Muscat had confirmed that he recom- mended a pardon for murder middleman Melvin Theuma. A taxi driver from Birkirkara who was previously implicated in loan sharking, Theuma was granted the pardon in exchange for providing evidence about the murder plot. The evidence submitted in court includes a set of secretly recorded conversations with various indi- viduals, including Yorgen Fenech. Theuma claimed he made the re- cordings as a form of insurance to protect himself in case he was implicated or targeted. He told a court he feared be- trayal by those involved in the plot and sought to have evidence that could expose the network behind the murder. The recordings contain conver- sations that allegedly implicate Yorgen Fenech in financing and orchestrating the murder. They include discussions about payments to the hitmen, details of the murder plot, and attempts to cover up the crime. He also re- corded conversations about fears of being exposed and efforts to manage the fallout after the mur- der. In the recordings, Fenech is al- legedly heard discussing details that tie him to the plot, such as payments. Fenech's defence team has attempted to challenge the authenticity and interpretation of the recordings, suggesting that they may be incomplete or taken out of context. During court appearances, Theuma frequently broke down and described himself as re- morseful and haunted by his role in the crime. He claimed he feared for his own safety both be- fore and after the murder, which motivated him to document the conspiracy. In July 2020, he attempted su- icide at his home, sustaining se- rious injuries, including a slashed neck and stab wounds to the ab- domen. He survived the attempt, and the police investigation ruled out foul play. Proceedings play out in court The compilation of evidence against Yorgen Fenech saw Eu- ropol experts testify on their analysis of the digital data ex- tracted from electronic devices, including belonging to Fenech and other suspects. During the compilation of evi- dence, the prosecution asserted that Fenech was a central figure in orchestrating Caruana Gal- izia's assassination. They high- lighted his ownership of the Dubai-based company 17 Black, which was under investigation by Caruana Galizia for alleged finan- cial misconduct. Prosecutors also presented ev- idence of communications be- tween Fenech and key individu- als, including former government officials. These communications were used to suggest Fenech's involvement in the planning and execution of the murder. Fenech's legal team has chal- lenged the admissibility and in- tegrity of the digital evidence, scrutinising the procedures used by experts in data extraction and analysis. They repeatedly empha- sised potential procedural flaws and the possibility of data con- tamination. They also questioned the re- liability of key witnesses, par- ticularly Melvin Theuma, ar- guing Theuma's testimony was inconsistent and motivated by self-preservation. The lawyers also argued that some expert testimonies were not adequately preserved dur- ing the initial compilation of evidence, leading to calls for the proceedings to be reopened to hear specific witnesses. Fenech's multiple bail requests Before being granted bail, Yor- gen Fenech's legal team filed at least 18 requests for bail. In the latest request filed in January lawyers argued he must be freed because more than 30 months had elapsed since a bill of indictment against him was issued. Article 575 of the Criminal Code states that where a case is to be decided by trial and the crime is liable to imprisonment for a term exceeding 15 years, bail "shall" be granted when 30 months have lapsed from the fil- ing of the indictment. Prosecutors argued the 30-month period had not and that Fenech's legal team had in- tentionally added witnesses into the case to stretch it out in order for him to be automatically grant- ed bail. They strongly objected to bail, citing their concerns about Fenech fleeing the country and tampering with evidence. But on Friday, bail for Fenech eventually materialised and af- ter five years in custody, he was allowed to leave prison. He will walk out of the Corradino Cor- rectional Facility when all admin- istrative procedures linked to his bail conditions are completed.