Yorgen Fenech spent “a considerable amount of time” talking with a top prison official and a businessman in a meeting caught on CCTV, Times of Malta can confirm.
The man awaiting trial in connection with Daphne Caruana Galizia’s murder met with prison supplier and Easygas director Reuben Farrugia in the office of prison’s head of strategy Svetlana Muscat last week, sources close to prison have confirmed.
The meeting was caught on CCTV and the footage – which was later handed to police – shows the three spent “a considerable amount of time together talking”, one source said.
It remains unclear whether the footage also includes audio of the conversation.
Sources said the issue was immediately flagged by a whistleblower who filed a report in writing about the meeting, sparking an internal probe and police investigation.
“It’s a messy situation, but if there’s a silver lining it’s that proper protocol was followed from the moment somebody noticed the meeting,” a source said.
It’s unethical, especially in a delicate setting like prison- Source
Muscat, who holds one of the most powerful positions at the Corradino prison, was interrogated by police last week, after she allowed the two men to meet in her office.
A former ONE reporter and ministerial aide, Muscat has now been put on forced leave.
So, what was wrong about it?
The problem was not that Fenech met people while he is in prison. All inmates – including Fenech – are allowed to have visitors, and anyone can visit them, not just family members.
But while the process for visiting a prisoner who has already been sentenced is relatively straightforward, visiting an inmate like Fenech, who is held at Corradino under arrest and whose case is still undecided, is a different ball game. An inmate whose court case is still ongoing must get the approval of their prosecutor – the police inspector or the office of the Attorney General – before meeting anyone. Approval is only granted if the person visiting is not linked in any way to the ongoing case, to ensure the meeting does not influence court proceedings.
None of the three people in the meeting – Fenech, Muscat or Farrugia – obtained such approval before the meeting, multiple sources confirmed.
Times of Malta is informed police have not yet decided whether to press charges against Muscat, but sources confirmed that the lack of approval is at the centre of the alleged crime and which distinguishes it from being an internal disciplinary matter.
“The alleged crime is less serious than what many people may have thought when they heard Yorgen Fenech’s name, although it could have been consequential nonetheless,” one source close to prison said. “This was simply a matter of getting approval. In fact, I believe that had they asked for approval from the police for this meeting, they would have probably got it.”
But another source said the issue was made complicated due to Muscat’s senior position within the prison administration.
“She knows what the protocol is. She knew that the meeting needed prior approval. So why did she allow it to take place?” they said.
Another source familiar with the investigation said Farrugia, Fenech and Muscat have insisted that the meeting happened by chance when one man was exiting Muscat's office as the other was entering. All three maintain that the conversation only involved small talk.
What about the office?
Muscat regularly meets with prison inmates as well as suppliers as part of her job.
The fact she hosted Fenech and Farrugia in her office would not have raised questions had she met with them separately, sources said.
Prison officials summon inmates to their offices for all sorts of reasons related to their behaviour, care plan and to address ongoing issues.
Investigators have also asked questions about Muscat sitting in on the meeting between Fenech and Farrugia.
Sources close to prison said officials sometimes do accompany inmates on visits, but “should not do it in their office”. It is unclear whether there is a specific rule precluding it, but sources said such practices were frowned upon and prohibited under past prison leaderships.
“It’s unethical, especially in a delicate setting like prison,” one source said.
Another source, however, said Muscat is being unjustly and disproportionately criticised.
“I wouldn’t have done what she did, but the attacks being levelled at her seem to me like there are people who are doing this out of spite and who possibly want to see her out of there,” they said.
Farrugia and Muscat could not be reached for comment.