A judge has ordered the police commissioner to provide monthly reports about an investigation into leaks of chats from Yorgen Fenech's murder case, in breach of a court ban issued back in 2021.

Madam Justice Edwina Grima gave the order after a police inspector was unable to say whether the police have questioned anyone in connection with the leaks over the past three years.

Police inspector Christine Delia told the court that police have pressed charges against author and blogger Mark Camilleri for having published prohibited chats, but have been unable to notify him as he lives overseas. 

She also told the court that police had sought to obtain information about anonymous accounts on social media platform X (formerly Twitter) that published chats, but were told they needed to present a formal request from the attorney general's office. 

Fenech stands accused of complicity in the murder of journalist Daphne Caruana Galizia. He is pleading not guilty and the case, which was headed to trial, has been returned to the pre-trial stage as his lawyers present new evidence.

Inspector Delia told the court that she took over an investigation into the leaks on March 22, 2023 – one day after Camilleri published transcripts of conversations between Fenech and MP Rosianne Cutajar on his blog.

Camilleri has also published transcripts of conversations between Fenech and other people.

Inspector Delia told the court that she had confirmed that the transcripts published matched those found within the court records.

'I wasn't aware of that'

Criminal charges were issued against Camilleri but since he was living abroad, the police were unable to speak to him.

When sent for, “he repeatedly refused to go,” explained Delia, saying Camilleri had emailed the police to say he would never divulge his sources. He also filed constitutional proceedings against the Police Commissioner and the State Advocate.

When Fenech’s lawyer, Charles Mercieca, noted that Camilleri was in the Valletta law courts a few days ago, having been notified by other police officers, the inspector replied “I wasn’t aware of that”.  

Fenech’s lawyer, Charles Mercieca, noted that their complaint about the leaks dated back to 2021. The inspector replied that she was not involved in the case back then.

The court had ordered the police commissioner to investigate all parties who had access to the records of the case and who may have leaked that banned material to persons extraneous to the proceedings.

“Did you send for any parties?” pressed Mercieca. “So between 2021 and 2024 you still haven’t sent for the parties?”

“Investigations are still ongoing,” the inspector replied. 

“Are you aware that today, January 26, 2024, right before this hearing there was another leak?” the lawyer insisted.

“No,” replied the witness.

Judge warns about impact of leaks

That last snippet of information prompted the court to intervene.

“We can’t have these [leaks] go on and on and on when there is a court order… because unfortunately these proceedings will end up being badly prejudiced. There’s a court order which must be respected… otherwise we might as well pack up and leave,” Madam Justice Edwina Grima said.

“Did you send for the parties?” Mercieca asked the witness.

“It’s useless asking. Nothing was done,” remarked the court, stressing that another order was being handed down today.

Fenech’s lawyer made one last attempt.

“In 2020, [former Opposition Leader] Adrian Delia had filed a judicial protest in which he publicly declared that [former PN MP] Jason Azzopardi was sharing the contents of court documents. It was a public statement in the judicial protest,” stressed Mercieca.

But the inspector claimed no knowledge of that, insisting that she had only taken over investigations last year. 

The judge put an end to the questioning, ordering police to continue investigating the repeated leaks that were in blatant breach of the court order.

The court records were accessible only to the parties and their lawyers, stressed the judge.

Moreover, the Police Commissioner was, from now on, to report to the judge on a monthly basis about the investigations in this regard, was the judge’s final order.

 AG lawyers Anthony Vella and Godwin Cini prosecuted.

Lawyers Charles Mercieca, Gianluca Caruana Curran and Marion Camilleri are defence counsel.

Lawyers Jason Azzopardi and Therese Comodini Cachia are appearing parte civile.