The attorney general has appealed the acquittal of three men who faced charges of detaining journalists after a late-night cabinet meeting at Castille in November 2019.

Jody Pisani, Mark Gauci and Emanuel McKay had faced criminal prosecution for allegedly holding the journalists against their will in the very early hours of that November 29 morning at the end of an extraordinary press conference following a marathon ministerial meeting. 

That night cabinet had discussed, and subsequently rejected, a request for a presidential pardon by Yorgen Fenech, the businessman charged with complicity in the assassination of Daphne Caruana Galizia. 

Daphne’s son, Paul, was among the journalists caught up in that late-night drama at Castille when three men, claiming to be security officers, had waited for former Prime Minister Joseph Muscat to exit the building before allowing members of the media to leave. 

Monique Agius, Miguela Xuereb and Julian Bonnici were among the journalists in the room and captured the scene on mobile footage that was later presented in court as evidence. 

Yet, after examining video of that six-minute incident and other evidence put forward, the magistrates’ court concluded that the elements of illegal arrest had not been proved and found the three men not guilty. 

That judgment was appealed by the attorney general.

The men’s lawyers are however arguing that the appeal is null, since the circumstances of the case did not envisage a right of appeal by the attorney general. 

Citing the relative provisions of law, as well as case law and parliamentary debates on the subject, lawyer Matthew Xuereb argued that in summary proceedings, such as those concerning the three accused, the prosecution could only appeal in limited instances.

The accused had faced prosecution under summons during the Valletta district sitting.

The magistrates’ court had based its decision on facts, footage and testimonies and the attorney general could not appeal simply because the court’s appreciation of facts was “not to his liking.”

The appeal could not serve as a second attempt at a first instance decision, the lawyer argued. 

After hearing submissions on this preliminary plea, the court of criminal appeal, presided over by Mr Justice Aaron Bugeja, upheld a request by AG lawyers to present their written reply within 15 days. 

The case continues in May.
Lawyers Matthew Xuereb, Charlon Gouder and Ramona Attard assisted the defendants.