The heirs of assassinated journalist Daphne Caruana Galizia have been granted intervention in breach of rights proceedings filed by the man accused of complicity in her murder.

The family had filed a request to be admitted into constitutional proceedings instituted recently by Yorgen Fenech who is claiming that “arbitrary objections” by the prosecution, repeatedly denying him bail, amounted to arbitrary arrest. 

The claim was filed last month as Fenech, still presumed innocent, marked “500 days” in preventive custody since his arraignment in 2019. 

That claim prompted a request by the victim’s heirs to intervene in the proceedings.

After hearing submissions, the court, presided over by Madam Justice Miriam Hayman, upheld the request, greenlighting the family’s intervention. 

Citing case law on the subject, the court observed that the issue pivoted upon the juridical interest of each participant or each party seeking to participate in the suit. 

In this case, the victim’s family did not simply have a personal and emotional interest but also a juridical interest stemming from Fenech’s challenge of the bail decrees. 

As parte civile in the criminal proceedings, the family had an interest in ensuring that every investigation or procedure linked to the murder, is conducted in an effective and rigorous manner in terms of law.

Having said that, the court stressed that this did not in any way impinge upon the constitutional issue brought before it and even more so, the court’s observations were not to reflect any guilt on the part of Fenech. 

The court directed the family to file their reply to Fenech’s application by the next sitting. 

Lawyers Jason Azzopardi and Therese Comodini Cachia are assisting the family.