Yorgen Fenech exempted from testifying in Manuel Delia constitutional case

Murder suspect Yorgen Fenech has been exempted from testifying in constitutional proceedings instituted by columnist Manuel Delia, in which he is claiming a breach of his freedom of expression.

In October, Delia filed a case claiming that a court ban on public comments and discussions about Daphne Caruana Galizia’s murder case and Yorgen Fenech breached his freedom of expression and weakened the role of journalists to inform the public.

Fenech, who is currently awaiting trial over his alleged complicity in the murder of journalist Daphne Caruana Galizia, had filed an application to intervene in the proceedings, which was upheld by the court.

On Wednesday afternoon, lawyer Eve Borg Costanzi, assisting Delia, informed the court they had summoned Fenech to testify in the proceedings following the court's approval of the summons in April 2025.

Lawyer Charles Mercieca, assisting Fenech, informed the court that he does not wish to prejudice trial by jury and advised that his client invoke his right to remain silent if he takes the witness stand.

The lawyer observed that he had a true legal copy of the decree referred to in the application – banning public discussion about Caruana Galizia's case – and said it could be presented to “avoid useless problems”.

Madam Justice Anna Felice, presiding over the First Hall of the Civil Court, asked Borg Costanzi to divulge the questions before summoning Fenech. The lawyer argued that Fenech should take the oath before being questioned.

Mercieca countered that his issue was with his client being administered the oath and insisted on the questions being made before he testifies.

“He takes the stand and the oath,” Borg Costanzi reiterated.

The court responded: “At this point, I won’t make him take an oath”.

Lawyer Manuel Galea, representing the State Advocate, said the application was attacking a court’s decision.

Borg Costanzi asked the court whether it could order Fenech out of the courtroom and divulge the questions before he was called back in.

“In other proceedings instituted by Fenech, he chose to testify,” the lawyer remarked, adding that she only had three questions for him.

Mercieca then dictated a note saying Fenech was summoned to testify in these constitutional proceedings regarding separate proceedings wherein he is accused of criminal charges.

He invoked his client’s right to silence and said what is being sought by the plaintiff can be easily obtained by summoning the Criminal Court’s registrar without posing a serious risk of irremediable prejudice to Fenech in the criminal proceedings.

Borg Constanzi acknowledged that Fenech has a right to silence but said there was no valid reason to refuse to reply to questions which would not incriminate him, and which are relevant to the merits of the constitutional proceedings.

The court ruled that the information sought from Fenech could be established through other means and, to avoid any risk of prejudicing the ongoing criminal proceedings against him in another court, it exempted him from testifying at this stage.

It did not rule out future testimony, however.

The sitting was adjourned to July when a representative of the Attorney General is expected to testify.

Madam Justice Anna Felice presided.

Lawyers Eve Borg Costanzi and Matthew Cutajar assisted Delia.

Lawyer Manuel Galea, Maurizio Cordina and Maronia Magri appeared for the State Advocate.

Lawyer Charles Mercieca appeared for Fenech who intervened in the case.