Yorgen Fenech’s lawyers have not filed a formal report with the police to investigate parte civile lawyer Jason Azzopardi and blogger Manuel Delia over what they alleged was a “concerted effort to influence” a judge’s decision on bail.
Lawyers for the businessman, who is currently awaiting trial for complicity in the assassination of Daphne Caruana Galizia, had flagged what they claimed to be a “systematic attack” against Mr Justice Giovanni Grixti, who presided over a fresh bail application by Fenech.
That application, filed on August 16, was followed by submissions in open court.
But pending a decision by the judge in chambers, it was revealed on social media that Grixti, back in 2008, had purchased a boat from the accused’s father, the late George Fenech.
The revelation was followed by a sharp attack by Azzopardi who, not only wrote to the Chief Justice asking him to intervene, but also posted public comments insinuating that Mr Justice Grixti was “prejudiced, partial and dishonest”.
Such publications by Azzopardi and Delia breached Fenech’s fundamental right to a fair hearing by “undermining trust in the judicial process, specifically in the independence and impartiality of the judiciary”, his lawyers claimed in a judicial protest against Police Commissioner Angelo Gafà.
In the absence of a formal police report, that judicial protest was taken as a criminal complaint, the Police Commissioner said in a counter-protest filed on Tuesday.
Moreover, the actions complained about by Fenech did not constitute an offence in terms of article 93 of the Criminal Code which deals with the crime of reviling or threatening a judge, magistrate, juror or the AG “in the exercise of his functions or because of his having exercised his functions or with intent to intimidate or unlawfully influence him in the exercise of his functions”.
Nor did Fenech suffer any breach of his fundamental rights, argued the Police Commissioner calling upon Fenech to desist from such allegations that were “unfounded, frivolous and vexatious,” lacking basis both factually and legally.
State Advocate Chris Soler and lawyer Maurizio Cordina signed the counter-protest that was filed in the First Hall, Civil Court.