A court is set to decide whether or not Yorgen Fenech, the man charged with complicity in the assassination of journalist Daphne Caruana Galizia, should be granted bail.
Madam Justice Edwina Grima will decide on Wednesday or in the coming days.
Fenech, a former businessman, is awaiting trial for alleged complicity in the assassination of Caruana Galizia and has been held in custody ever since his arrest in late 2019. He is pleading not guilty.
Last month Fenech made a fresh bid for bail, arguing that he must be freed because more than 30 months had elapsed since a bill of indictment against him was issued.
He is making his argument for bail during the pre-trial hearing during which any legal hiccups are ironed out between the defence and the prosecution ahead of the trial stage. The prosecution is strongly objecting to bail.
Prosecutor Godwin Cini told the court that the main objections were flight risk and concerns about tampering with evidence. He said Fenech was facing the most serious of crimes and, while he was innocent until proven guilty, if found guilty he faced life imprisonment. There was evidence of previous attempts to escape from the island that included enquiries on buying a house in Normandy and an urgent request for a private jet to Nice.
The fear was now amplified since Fenech was charged with complicity in the murder as well as other ongoing cases, with the trial by jury around the corner.
Earlier on Wednesday Fenech faced new charges of complicity in corruption of a public officer.
The prosecutor said it was no secret that Fenech was very well off financially and had access to large amounts of cash with assets in the EU and beyond.
He made reference to declarations made by relatives who testified they would act as guarantors for his bail. These included his aunt Moira Fenech who in a previous sitting she said she had a 30% shareholding in the Tumas Group, when it emerged it was 15.46%. His uncle Raymond testified behind closed doors.
He added that there was also an element of public order at stake. If Fenech was granted bail on the eve of the trial – that ought to be appointed in the coming months – this would cause a disturbance, he said.
Lawyer Charles Mercieca insisted that this was the court of justice and justice must be administered for Fenech, who had been arrested for over five years.
“We have now surpassed the stage of fear and we were discussing the guarantees to him granted bail. This is his life. This is his whole life,” he said adding that the court had heard relatives willing to act as guarantors if Fenech was granted bail and they would provide a place where he would live.
“He is presumed to be innocent and has been in prison for five years. Five years. And he never caused any problems,” Mercieca said.
After hearing the submissions the judge ruled that she would issue a ruling in chambers.
AG lawyers Anthony Vella, Godwin Cini and Danika Vella prosecuted. Lawyers Gianluca Caruana Curran, Charles Mercieca and Marion Camilleri are defence counsel. Lawyers Jason Azzopardi and Therese Comodini Cachia appeared parte civile.