Schembri did not inform police that Fenech was leaving Malta on day of arrest

● Says he never passed information on Daphne murder investigation to Fenech

Former OPM chief of staff Keith Schembri said yesterday that Fenech had told him he was leaving Malta for Sicily on the day that he was due to be arrested, but despite knowing this, Schembri did not inform the police.

Schembri was testifying in court in constitutional proceedings launched by Fenech against lead investigator Keith Arnaud. Fenech claims that Schembri was being briefed on the progress of the investigation by Arnaud.

Schembri also insisted during yesterday’s sitting that he had never passed on details relating to the Daphne Caruana Galizia investigation to Yorgen Fenech, who stands accused of complicity in organizing the killing.

On Tuesday, the court issued an arrest warrant for Schembri after he failed to turn up to testify. Schembri claimed not to have been notified. At the start of yesterday’s sitting, Schembri apologized to the court, but Judge Lawrence Mintoff clarified that the case was of a constitutional nature and matters were urgent.

Lawyer Marion Camilleri, representing Fenech together with Gianlunca Caruana Curran, referred Schembri to a blog post Daphne Caruana Galizia had written, in which she mentioned the time when he was abroad receiving cancer treatment.

“I am not capable of hating and I do not hate anyone,” Schembri said, adding, “That is my character.”

However, Caruana Galizia had crossed a line, he said. “My daughter came in and said is it true you are going to die?”

Schembri told the court that he did not have any business interests with Fenech. “He was a friend.

I had many friends,” Schembri continued, explaining that they had gone abroad together three times.

Asked how many times they would call each other, Schembri said he could not remember. Fenech and Schembri generally communicated via WhatsApp, Schembri explained, as he did with most people. However, he said he did not remember how often they communicated.

“I charge my phone four times a day,” he told the court, adding that he did not remember how may times he had been on Fenech’s boat or at his farmhouse in Żebbuġ.

Schembri also confirmed that Adrian Vella was his personal doctor. Hesitating, he said he did not remember visiting Vella the day Fenech was arrested. He also said that he had learnt about Fenech’s arrest from the media.

Schembri said the police had arrested him at 5.30am and he had spent 30 hours in the lock-up. The second time he was arrested he had spent 20 hours in the lock-up. The police searched his house twice, and his office at Castille. Apart from Inspectors Keith Arnaud and Kurt Zahra, there were members of the Economic Crimes Unit searching his office. He also confirmed that he had not interfered in the investigation.

“In the 50 hours that I was under investigation at the depot, we discussed the letter that was passed on to Fenech. I did not write the letter and it did not come from me,” Schembri said.

In total, three letters were presented to Schembri at the depot. “I have no involvement in any of the letters,” he insisted. “I had nothing to gain from the letters because they did not come from me.”

The letter is a reference to a note that Fenech claims was delivered to him by Schembri, with instructions on what to tell the police.

Schembri told the court he was shown three letters, none of which he had written. “I didn’t write them, didn’t send them, and didn’t deliver them,” Schembri said when asked about Vella’s involvement.

He also said that he had nothing to gain from these letters because he had not written them.

One of the letters mentioned Economy Minister Chris Cardona. Fenech claims that Schembri asked him to pin the murder on Cardona. Schembri told the court that he and Cardona were colleagues, but not friends. He also said he did not have any role within the MSS (Malta Security Service), but as chief of staff he would sometimes attend meetings along with other people. “Today I have no contact with MSS,” he says.

Replying to more questions, Schembri said he had been present for a number of briefings where the investigation was discussed. Prime Minister Joseph Muscat and Attorney General Peter Grech would be there, and sometimes Minister Owen Bonnici too.

He said the role of the OPM was to liaise and help investigators when it came to foreign assistance.

He also said he would first liaise with former Deputy Police Commissioner Silvio Valletta but Keith Arnaud later took over. Schembri said he would talk to the prime minister to set up the meetings.

“The police used to tell us what they needed to tell us,” Schembri said, and all information was given in the presence of everyone attending.

Schembri said he had never spoken to Fenech about the investigation, nor had he spoken to the 17 Black-owner about the pardon given to middleman Melvin Theuma. That was discussed by the attorney general and the police commissioner, he said. “I was not present for these meetings regarding the pardon.”

He said he had met Arnaud for the first time during the first briefing on the case. Schembri said the two would sometimes engage in small talk before the briefing, such as on football, “like all men do.”

The line of questioning then focused on the phantom government job given to Theuma.

“I think Fenech sent him to me. I get numerous such requests,“he said, adding that requests for jobs intensified before an election. He said he would get five to six requests every day, sometimes even from the Curia.

He said his job was to ensure that these requests reached the customer care department, and he would not have anything to do with them after that. He said he did not know that Theuma did not even want the job. “Had I known, I would have told them to give it to someone who actually wanted it.”

“I took a photo with Theuma and offered him an espresso, like I do with others. Theuma then started talking about Mintoff and I took him to see a painting of the former prime minister. He took a photo of it to send to his mother,” Schembri said.

Camilleri then asked Schembri whether he had tried to help Fenech escape. Schembri objected strongly to this line of questioning, saying he had not helped anyone escape. The lawyer then asked if he had helped Fenech escape from Gozo, to which Schembri replied that he had not.

He said he did not know Fenech’s phone was being tapped as “we would not have such information.”

Camilleri then asked Schembri, “Was there communication with Fenech on the day of his arrest?” to which Schembri replied that there had been.

Fenech had asked Schembri if anyone was following him, to which Schembri said no.

Communication had started when Fenech messaged Schembri, followed by a 24-minute call, Schembri told the court. Fenech told Schembri that he was taking his boat to Sicily to be fixed, to which Schembri replied that this was not the time for Fenech to go abroad.

Camilleri asked Schembri why he had said this, since Fenech was not under arrest at the time. Schembri replied: “How would Malta react? Wouldn’t everyone turn against us and allege that we helped him escape?”

At this point, Schembri also confirmed that he had known Fenech was being investigated for a couple of weeks. Fenech had also asked Schembri if he was under investigation, to which Schembri replied that he was not. “In my position I could not give information.”

Schembri, when asked by Camilleri if he had told Arnaud that Fenech was leaving the island, replied: “No, I didn’t. With hindsight, I know it appears to be bad. I did what I had to do. I had told no one of my friendship with Yorgen,” Schembri said.

“We can say that the objective was attained, I did my duty,” Schembri says. As Schembri said this, Fenech – in the courtroom listening to the testimony – shook his head.

He again insisted that he had not passed on information from the investigation to Fenech.

Schembri said leaks happen and that details about his arrest had also been leaked. In fact, the press arrived at the police headquarters before he did. The media even knew about Schembri being summoned for yesterday’s sitting before he did, he said.

Schembri said he had endured 50 hours of interrogation and two strip searches. He was also made to listen to the recordings (made by Theuma) and was aware his name was mentioned.

Schembri’s name was mentioned once by Theuma, who said he would take the Degiorgios to Schembri’s home because, according to Thuema, Schembri had the power to give them bail.

He added that he knew Kenneth Camilleri as he had been part of the prime minister’s security detail but said he had never discussed the murder case with him.

The Office of the Attorney General reserved the right to cross examine at a later stage.

Theuma was next on the witness stand and he again spoke of the recordings of the conversations between him and Fenech. Arnaud was never mentioned when he spoke to Fenech.

Fenech had told him of the impending arrest of the three suspects and had always told him the information was coming from Schembri.

Theuma then went over how he had landed the phantom government job, and how he had met Schembri at Castille.

He then spoke about the visit he had received from Kenneth Camilleri and Johan Cremona. Camilleri had told him that the Degiorgios would get bail on 22 December at €1 million each.

Theuma had previously said he believed Camilleri was sent by Schembri.

The case continues on 14 January.