Court deems Yorgen Fenech note as 'almost a threat'
Businessman's lawyers say principle of equality of arms not being respected
The Criminal Court has deemed a note filed by Yorgen Fenech as “almost a threat” to the court, after the murder suspect expressed concern that his right to a fair hearing was being undermined.
Fenech, who stands accused of complicity in the 2017 car bomb murder of journalist Daphne Caruana Galizia, submitted a note through his lawyers after the court dismissed a series of defence requests for additional evidence.
The court said most of these requests were intended to prolong the proceedings.
In the document, the businessman claimed that the principle of equality of arms was not being respected and warned that this could jeopardise his right to a fair trial.
During Wednesday’s sitting, Madam Justice Edwina Grima informed prosecutors of the contents of the note, deeming it “almost a threat” to the court. The judge reiterated that proceedings would continue as planned unless a constitutional court ordered otherwise.
Fenech has denied the charges against him and signalled his intention to seek redress before the Constitutional Court, arguing that his fundamental rights had been breached.
The criminal case - one of the most high-profile in Malta’s recent history - centres on Fenech’s alleged role in orchestrating Caruana Galizia’s assassination outside her Bidnija home in October 2017.
In January, more than five years after his arrest, Yorgen Fenech was granted bail in the criminal proceedings.
Brothers George and Alfred Degiorgio admitted to planting and detonating the bomb and were each jailed for 40 years, while their associate Vince Muscat (il-Koħħu) received 15 years after a plea deal and later testified against others.
Earlier this year, Robert Agius and Jamie Vella were found guilty of supplying the explosive used in the attack.
AG lawyers Anthony Vella, Godwin Cini, and Danika Vella prosecuted. Lawyers Charles Mercieca and Gianluca Caruana Curran appeared for the accused. Lawyers Jason Azzopardi and Therese Comodini Cachia appeared for the victim’s family.