Yorgen Fenech's rights have not been breached by being repeatedly denied bail following his arrest in connection with the murder of journalist Daphne Caruana Galizia, a court has ruled.

On Wednesday, Fenech failed in his latest bid to obtain bail in constitutional proceedings where he complained about “arbitrary objections” to his release. 

Madam Justice Miriam Hayman's ruling means he will remain in custody.

Fenech has been under arrest since November 2019, when he was arrested on board his yacht and later charged with conspiracy to murder journalist Daphne Caruana Galizia. 

Judge Hayman's ruling began with a reminder that Fenech remains "presumed innocent", despite the serious nature of the crime, the victim and the "not-so-negligible impact this had on Malta’s socio-political scene."

The case focused on the repeated refusal of Fenech’s bail requests since his arraignment in November 2019. Weeks after his arraignment, a first application for bail was rejected and seven more applications followed, with each being strongly objected to by the Attorney General and subsequently turned down by the courts.

Granting Fenech release from preventive arrest could prejudice ongoing investigations, possibly result in his escape and could also spark public outcry and disorder, the courts have held.

The First Hall, Civil Court, observed that although the applicant’s lawyer requested bail as a remedy, such a remedy could not be considered at this stage even in light of the nature of the evidence put forward.

That evidence was “selective” compared to that put forward at the murder compilation so the court did not have knowledge of all facts and could not, therefore, formulate bail conditions.  

The court was not meant to step in as a third court, revising the decrees rejecting Fenech’s requests for bail, nor to provide judicial review or appeal in respect of these decrees.

The applicant has doubtlessly been detained “for a considerable time under preventive arrest,” observed the court.

However, in light of all evidence put forward, that continued arrest was not held to be in breach of his fundamental rights. 

Lawyers Gianluca Caruana Curran, Marion Camilleri and Charles Mercieca signed the application. Therese Comodini Cachia and Jason Azzopardi appearing on behalf of the Caruana Galizia family.

More to follow