Daphne’s trial begins, with the Degiorgio brothers in the dock
Two brothers accused of planting and detonating a bomb that killed journalist Daphne Caruana Galizia will be tried by a nine-person jury as their trial opens on Friday.
Alfred and George Degiorgio have been detained since their arrest in December 2017, two months after the death of Caruana Galizia.
A third man who was arrested and charged alongside them, Vince Muscat, pleaded guilty and became a state witness last year. He is currently serving a 15-year sentence for the murder.
Follow the events with our live blog. Refresh the page for the latest updates.
Live Blog
Leave your prejudices at the door
12:40 p.m. Everyone knew who Daphne Caruana Galizia was, Galea Farrugia told the jury. But outside of her public role, she was a mother and a daughter.
It doesn’t matter whether she was loved or hated, whether they sympathized with what she wrote or not. It has nothing to do with the case, the deputy AG told the jury.
The prosecution begins its case
12:38 The prosecution begins its case. And as tradition dictates, he does so with an introductory speech, known as rekwizitorja in legal language.
Deputy Attorney General Philip Galea Farrugia does the honors, introducing himself, his colleagues and the civil party lawyers to the jurors. The attorney general represents the state, he explains to them.
The AG’s job is to present evidence without taking sides. Jurors are not “spectators,” he tells them. They play an essential role in the administration of justice.
Members of the Caruana Galizia family will testify
12:28 Business is about to resume.
Ahead of that, the prosecution says Peter and Matthew Caruana Galizia – the murder victim’s husband and son – will testify in the case.
Prosecutors are asking the defense if they have any objection to the two remaining in the courtroom. Generally, witnesses are not allowed to follow a case before testifying. The defense says it has no objection.
And now the jury can be brought back into the courtroom.
How long in jail?
12:16 p.m. The Degiorgio brothers face life sentences if found guilty. They face six separate charges. Here’s what each comes with.
Intentional homicide – life imprisonment.
Causing a deadly explosion – perpetuity.
Illegal possession of explosives – up to 12 years in prison.
Criminal conspiracy – between 20 and 40 years in prison. Promoting, aiding and abetting a criminal conspiracy – four and 20 years in prison.
Actively conspiring with others to commit murder – four and 20 years in prison.
Under Maltese law, sentences are served consecutively rather than simultaneously.
A 30 minute break
11:49 The judge is finished speaking and the jury is allowed a short break.
They walk out of court one by one and will now prepare for what will be one of the most important days of their lives.
Meanwhile, the judge orders Alfred Degiorgio to be kept under constant medical supervision, even while behind bars at the Corradino Correctional Facility.
The case is due to resume at 12:10 p.m.
How will the trial take place
11:44 am The judge is still talking, explaining the proceedings of the trial to the jury.
The jury can ask questions on the testimony and if these questions are valid, the witness will be invited to answer them. If they need a break or an explanation, they can ask the court to do so. They will receive elements of the trial while deliberating on the verdict.
When the judge is finished speaking, the case will be briefly adjourned to give jurors time to gather belongings (and themselves). And then the procedure will begin in earnest.
Prosection will come firstpresenting his evidence.
Then the the defense will present witnesses, if desired, and decide whether the accused should testify. As said before, they have the right to remain silent and this in no way implies guilt.
Finally, the the judge will summarize the testimony of the witness.
Jurors cannot communicate with anyone – even the judge – except in open court.
Alternate jurors will follow the case from start to finish, but will only deliberate if they need to replace one of the nine jurors.
Degiorgio courtroom explosion: ‘see you in hell’
11:36 George Degiorgio spent years sitting silently in prison, saying nothing about the case.
But he has become more vocal in recent months. Earlier this summer he actually confessed to the murder while speaking to a Reuters reporter and described it as “just a case”. [This conversation, revealed in the Who Killed Daphne podcast, has so far not been submitted as evidence in this case so will not be considered by jurors].
And earlier this morning, before the judge entered the courtroom, he let out an outburst that ended with the somewhat ominous words “maybe we’ll meet in hell”.
You can read more about this invective in our article on this subject.
The Degiorgio brothers (circled in red) during a site visit as part of the masterful investigation into the murder. Photo: Mark Zammit CordinaFour key legal principles
11:33 am The judge guides the jury through four key legal principles that they should keep in mind throughout the trial.
- Presumption of innocence. The Degiorgios are presumed innocent until proven guilty. “You can’t assume they’re guilty because they’re in the dock,” the judge told the jury.
- Burden of proof It is the prosecution that must prove beyond a reasonable doubt that the accused is guilty. Not the reverse.
- Right to silence. The accused has the right to remain silent. They can choose not to say a word, and that doesn’t mean they’re guilty or have something to hide. Related to this: what one of the defendants says does not apply to the other. If one tries to blame the other, it is not evidence against the other.
- The doubts go in the direction of the defendant. Any reasonable doubt favors the accused. If the defense proves on a balance of probabilities that what they say is true, they will prove their innocence.
Foreign observers among the participants
11:26 The trial takes place in room 22, which is one of the largest rooms in the Valletta courthouse.
It is a crowded courtroom, and among those present are representatives of the European Center for Press and Media Freedom and Article 19 – international organizations focused on media freedom issues.
The judge instructs the jury
11:15 a.m. With all the charges read, Judge Edwina Grima will now begin the trial with a brief speech that includes instructions to the jury.
“Your duty is to be judges of the facts,” she told them. They may not have any legal training, but they are able to do so by carrying out their task according to the rules of law.
“You are the judges of the facts and no one can interfere with that. I will guide you on the legal issues,” she reassures them.
“You will hear the evidence presented by the prosecution. We started with the indictment…please note that’s just what the attorney general says,” the judge told the jurors.
“You only have to decide what evidence to produce. You must come here with a clean slate. Much has been said about this case. But you have to forget all that. You must not have any prejudices. Prejudice is the enemy of judgment.
“Your judgment must be free from any outside influence, from anyone and from anything. Your judgment must be impartial.
Judge Edwina Grima, who is presiding over the jury trial.How was the jury selected?
11:10 a.m. We told you earlier that the jury is made up of five men and four women.
If you want to know more about how the jury was selected in this case, read our separate article on this subject.
What the Degiorgio brothers are accused of
11:04 am The Degiorgio brothers face a number of major criminal charges.
- Voluntary homicide on October 16, 2017
- Causing a deadly explosion
- Illegal possession of explosives
- Criminal conspiracy
- Promoting, aiding and abetting a criminal conspiracy
- Actively conspiring with others to murder
The indictment, which the clerk is still reading, details how the two defendants are charged with each of these acts: from conspiring with others to commit the murder to acquiring the explosive , put it in Caruana Galizia’s car and blew it up while it was at sea. It was all carefully planned, prosecutors charge.
Jurors sworn in, read indictment
10:57 The jurors have all been asked to take an oath, swearing that they will not speak to anyone except each other until they have reached a verdict.
Only then do they receive the details of the case they will deliberate on: arguably the biggest murder trial in Maltese criminal history.
A court aide reads the indictment and explains the facts of the case to him: Caruana Galizia was blown up in her car, and investigations involving the FBI and Dutch security services led police to the Degiorgio brothers and Vince Muscat.
Another failed offer from Degiorgio
10:51 a.m. Earlier, Degiorgios’ lawyer said they asked the Constitutional Court to suspend the trial because they had not had enough time to prepare for it.
Judge Edwina Grima, who is presiding over this case, is now informing the defense that their request has been rejected by this court.
This is the latest in a long list of attempts by the Degiorgios to have the case thrown out.
They have asked for presidential pardons, filed constitutional objections, objected on fair trial grounds. They even argued, after being unable to find a lawyer, that being assigned a legal aid lawyer was a violation of their rights.
All of these legal avenues turned out to be dead ends. And then Alfred Degiorgio went on a hunger strike, which led to further delays.
Who are the lawyers?
10:49 Assistant Attorney General Philip Galea Farrugia and Giannella Busuttil are leading the prosecution. The Degiorgio brothers are represented by lawyers Simon Micallef Stafrace and Martin Farrugia, from the court’s legal aid system.
They were awarded to the brothers after their original attorney, William Cuschieri, resigned from his brief.
The Caruana Galizia family is represented by lawyers Thérèse Comodini Cachia and Jason Azzopardi.
Jury of five men and four women
10:44 am Hello and welcome to this live blog from the first day of the trial of Alfred and George Degiorgio.
Court proceedings began some time ago, but the media could not report anything until a jury was selected.
It is now done, with five men and four women selected to sit on the nine-person jury. Five alternate members were also appointed.
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