Jason Azzopardi’s “categorical” statements about Yorgen Fenech being the “sole” mastermind behind Daphne Caruana Galizia’s murder were a flagrant violation of court orders and highly prejudicial to a fair trial, Fenech’s lawyers claim.

Certain statements made by the lawyer and former PN MP when recently interviewed by LovinMalta journalist Tim Diacono, prompted fresh legal action by the lawyers assisting the businessman who is currently awaiting trial for his alleged complicity in the 2017 murder.

When the interviewer zoomed in on the murder case, Azzopardi said that Fenech sought a presidential pardon “because he committed a crime. Let’s be clear… let’s not forget… that during his interrogation he requested a presidential pardon.”

“You ask for a pardon because you did [something] wrong," Azzopardi went on, driving home that point.

And when asked whether Fenech was the mastermind behind the journalist's murder, he emphatically stated there was “more than an abundance of evidence to show the incontrovertible guilt of the person accused”.

Moreover, when Diacono asked whether there were other masterminds, Azzopardi replied, “So far there is nothing to indicate otherwise.”

All evidence that had emerged in court so far pointed towards Fenech as the sole mastermind, Azzopardi continued, prompting his interviewer to ask whether he [Azzopardi] was “protecting someone else”.

But Azzopardi insisted over and over that all evidence “so far” pointed “only” at Fenech, emphasising the word “only.”

Those statements triggered an application by Fenech’s lawyers before the judge presiding over the criminal proceedings to take all necessary measures, not only to end such contemptuous behaviour but also to make sure it does not go unpunished.

'Untrue and prejudicial'

Azzopardi’s statements were not only “untrue” but also prejudiced Fenech’s right to a fair hearing and presumption of innocence.

They were meant to influence public opinion - that same public from which jurors would be selected to decide upon Fenech’s fate at a trial which is looming closer.

What Azzopardi stated also contradicted certain evidence and documented facts.

A witness, assisted by a lawyer from Azzopardi’s own office, had testified in the murder compilation saying that there were “several masterminds”.

The reference by Fenech’s lawyers is presumably to Fenech’s former business associate Johann Cremona.

There was other evidence showing the existence of at least “five masterminds” besides what was being alleged about Fenech.

Alfred and George Degiorgio, currently serving a 40-year jail term for their role as hitmen, were summoned as witnesses by Azzopardi in a bid to defend himself in a libel suit filed against him by former minister and Labour MP Carmelo Abela.

The Degiorgios’ statements on that occasion also ran counter to what Azzopardi claimed in the interview.

Moreover, the prosecution in the murder case stated several times that investigations are still ongoing.

In fact, that was one of the reasons why prosecutors objected to Fenech’s bail requests time and time again.

Former deputy AG Philip Galea Farrugia declared in open court in April 2021 that “no one is convinced that all those connected to this case have been charged.”

Worse still, Azzopardi’s reference to Fenech’s pre-pardon statements was a “blatant violation” of the court’s decision -confirmed on appeal - that no reference was to be made to the topic of the pardon throughout the murder proceedings.

Azzopardi should have known better that his statements to LovinMalta were prejudicial to the trial that was getting closer. 

He seemed to want “to do everything [to ensure] that the defendant does not get a fair hearing,” argue Fenech’s lawyers.

“What was Azzopardi’s aim?” they said.

Whatever the reason, his behaviour was doubtlessly incorrect and in contempt not only towards the proper administration of justice but towards the courts’ decisions, the lawyers continued. 

Such “challenging behaviour” was to be stopped and could not go unpunished, said Fenech’s lawyers, calling upon the court to take all necessary measures.

Lawyers Gianluca Caruana Curran, Charles Mercieca and Marion Camilleri signed the application.