Yorgen Fenech seeking reduced curfew hours

Application filed for variation of bail conditions

Murder suspect Yorgen Fenech has filed an application in court seeking changes to his bail conditions, which would allow him to stay out for longer.

Fenech is awaiting trial over his alleged involvement in the murder of journalist Daphne Caruana Galizia. He was granted bail on January 24.

Several bail conditions were imposed including that his aunt, Moira Fenech, serves as guarantor with her Tumas company shares.  

He is prohibited from going within 50 metres of the coast or airport, and has to sign the bail book at St Julian’s police station every day. He must stay at home between 5pm and 11am. A police officer is stationed outside his residence round the clock. 

Fenech is seeking to vary the curfew time to 7pm and 10am and has asked the court to allow him to sign the bail book with the police officer stationed outside his house rather than going to the police station.

Prosecutor Godwin Cini objected to the requests. He argued that the Criminal Court had weighed the situation and determined the conditions when granting Fenech bail earlier this year. It had arrived at a compromise and a studied decree, ensuring effective control.

As for Fenech’s request to sign with the police officer outside his residence, Cini argued that Fenech should not have special privileges and should sign at a police station like everyone else.

He insisted that there was no valid reason to change the curfew. “Spending more time with one’s lawyers” does not hold water,“ he said.

He added that while Fenech was citing family, work, and sports reasons as to why he requested a variation in the time, he stood accused of being an accomplice in a murder.

Defence lawyer Charles Mercieca countered that over the past ten months, Fenech has shown that he was trustworthy. Before his client was granted bail, many speculated that he would abscond; however, in the past months his client attended all court sittings.

Having police stationed outside his residence was not “special treatment” since all visitors were being logged.

Mercieca argued that Fenech was facing lengthy court sittings, sometimes finishing at about 2:30 pm leaving them with little time to discuss the case.

“He goes home to be with his family not flip through court files,” the lawyer said, adding that the reasons behind the request for variation were listed in the application.

The Criminal Court is set to decide on the request in chambers.

Madam Justice Edwina Grima presided over the Criminal Court. AG lawyer Godwin Cini prosecuted while lawyers Charles Mercieca and Gianluca Caruana Curran appeared for the accused. Lawyer Jason Azzopardi appeared as parte civile.

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