Updated at 2.22 pm

Alfred Degiorgio’s hunger strike appears to be over as the man facing trial over Daphne Caruana Galizia's murder walked into the courtroom alongside his brother George in a new bid to postpone the upcoming court case. 

The two alleged hitmen in the 2017 Bidnija car bomb murder filed a constitutional case earlier this week claiming that their right to a fair hearing would be breached in several ways if the trial were to go ahead. 

Their latest application was signed by a legal aid lawyer after the Degiorgios and their previous lawyer, William Cuschieri, who had assisted them since their arrest back in December 2017, parted ways. 

Cuschieri had informed the court that he would no longer be representing the accused in the criminal process and presented a note to that effect. 

The court thus appointed two legal aid lawyers, one for each of the accused, to assist them at the trial. 

But the Degiorgios are now arguing they cannot set up a valid defence without the help of a lawyer of their own choice, given the scale and complexity of the process with material evidence, including thousands of pages and some four gigabytes of data. 

In protest, Alfred Degiorgio went on a hunger strike in prison and had to be admitted to Mater Dei Hospital at the weekend since doctors certified that his condition was deteriorating. 

However, he appeared to have made a recovery as he walked into the courtroom on Thursday unassisted, even if looking slightly shaky and somewhat drawn. 

'We need more time'

As the hearing proceeded, the two brothers occasionally chatted head to head and also stood up at times to speak to their lawyer, Joseph Bonnici, who handled their latest claim. 

The two legal aid lawyers appointed to assist the Degiorgios in the criminal proceedings took the witness stand in turn, explaining that the case was voluminous and they needed time to give their “best defence.” 

In light of their testimony, Bonnici argued that the accused, whatever the merits of the case, were entitled to the best defence, failing which their rights would be breached. 

The defence is the final bulwark of the accused and at the trial, it is “the defence against the whole world,” said Bonnici, adding that the accused would normally turn upon their lawyer when the outcome is not favorable. 

State lawyer Maurizio Cordina rebutted that the Degiorgios’ request for an interim measure postponing the trial was unfounded and was only available in cases of extreme urgency or irreparable harm. 

The applicants had been given enough chances by the judge presiding over the Criminal Court to seek a replacement for their previous lawyer.

Moreover, the law itself laid down a 20-day limit, subject to further extension, for the accused to set up their defence. 

The brothers had filed a separate case claiming that their rights would be breached by the negative pre-trial publicity that the murder case had attracted and there too, had asked for the trial to be postponed. 

But the judge hearing that case had rejected their request, Cordina said. 

This appeared to be the third bid by the Degiorgios to obtain an interim measure, in addition to some twelve constitutional cases filed by one or other of the brothers or both, said Therese Comodini Cachia representing the victim’s family in the proceedings. 

The applicants were saying that they wanted a lawyer of their own choice, enough time to set up a valid defence and also to neutralize pre-trial publicity. 

But none of these remedies was sought before the criminal courts, said Comodini Cachia, citing European caselaw to back her arguments.

As for their claim about negative pre-trial publicity, the lawyer said that there had been “objective reporting” of the case and other reports “triggered by the accused themselves.” 

The accused had a right to take legal action and if they did so, were they to be ‘accused’ of stultifying the process, asked the Degiorgios’ lawyer, putting in a final word.

The court, presided over by Madam Justice Audrey Demicoli, is expected to decree on the matter next week. 

Lawyer Jason Azzopardi also represented the Caruana Galizia family.