A lawyer representing Yorgen Fenech clashed with a judge during a fiery court session on Wednesday morning, as Fenech’s defence team refused to proceed with submissions unless given the chance to consult their client.
Charles Mercieca and madam justice Edwina Grima exchanged some strong words during the session, with the judge angered by what she saw as “further wasting of time.”
Mercieca said the defence had been unable to speak with their client for “at least one month” and wanted to do so before continuing with preliminary pleas.
Fenech has been held at Corradino Correctional Facility since he was arrested and charged in December 2019 with complicity in the murder of Daphne Caruana Galizia.
Deputy attorney general Philip Galea Farrugia noted that other defendants held at CCF did not seem to have the trouble Fenech’s lawyers were claiming, and noted that communication was possible over the phone.
Madam Justice Grima minuted that the director of prisons was to testify at the next sitting about the difficulties that Fenech’s lawyers said they faced.
But tempers rose when Mercieca insisted that he was not yet done minuting the defence’s position, despite the judge’s instructions that the defence could conclude its arguments after the CCF director had testified and the AG had submitted its arguments.
Mercieca, however, sought to continue dictating his minute.
“This is a miscarriage of justice,” he said.
“No! Are you defying court orders!” said Judge Grima, her voice slightly raised and visibly irritated, as she insisted on the defence submitting its pleas.
The defence had known about the pleas since September, she noted. Mercieca rebutted by arguing that the compilation of evidence had gone on for two years, only for the courts to now be rushing things.
His arguments further irritated the judge, who asked Mercieca, point-blank, if he intended to proceed or not.
As tempers flared, defence lawyer Marion Camilleri sought to calm things down, though Mercieca continued to argue with the judge.
Mercieca told the court that the data which the defence has not yet seen would prove that their client had been framed. But the judge noted that the data may have no bearing on the pleas.
“Ten terabytes of data! If the court already knows their contents, then it’s truly a lost case,” Mercieca retorted.
The judge stopped the lawyer in his tracks and asked the deputy AG if he was in a position to make his submissions. He said he was not fully prepared and only had some notes, as the session was meant to focus on the defence’s submissions.
The court offered one last chance to Fenech’s lawyers to continue but was met with the same stubborn reply by Mercieca.
“Do you know how many times we went to prison for nothing?” insisted the lawyer.
“Do you know how many times you came here with the same excuse?” retorted the judge.
After some lengthy discussion, the court deferred the case to February, with the judge saying the defence had “come here wasting time.”
“I insist on minuting our position on such superfluous comments in our regard,” said Mercieca once again.
“No, I won’t let you minute anything else,” the judge replied.
Lawyers Gianluca Caruana Curran, Charles Mercieca and Marion Camilleri are defence counsel. Deputy AG Philip Galea Farrugia prosecuted. Lawyer Jason Azzopardi appeared parte civile.