Daphne Caruana Galizia murder suspect Yorgen Fenech is in court to press his request for a judge to order Inspector Keith Arnaud off the case. 

Clean shaven and wearing a grey, pinstriped suit, Mr Fenech walked into court at about 2.30pm accompanied by his lawyers.

He is insisting in an application filed on Thursday night that Inspector Arnaud has close ties with the Prime Minister's former chief of staff Keith Schembri and was the source behind tip-offs he allegedly received about the investigation.

Mr Fenech is on police bail for the fifth time and it is understood he cannot be arraigned until a judge decides whether or not to issue the warrant of prohibitory injunction.

Fenech was also in court for the filing of the application on Thursday night. He was taken there under heavy police escort and looking dishevelled.

In his application, he also asked President George Vella to consider a request for a pardon in exchange for information. His lawyers said in court documents that he was prepared to give information on Keith Schembri, Konrad Mizzi and Chris Cardona.

Also on Thursday the police stood by Inspector Arnaud, saying the results of the investigation so far showed there was no reason for his removal and the investigation would continue.

At the start of Friday's proceedings, a request was made for the case to be heard behind closed doors. The defence said they want the truth to come out.

The judge said the priority was not to undermine the investigation. 

The court then decided to continue proceedings in the open but doors would be closed if statements impinged on the investigations.

In her opening remarks, Fenech's lawyer, Marion Camilleri, said Keith Schembri, then the prime minister's chief of staff, had been passing sensitive information to Mr Fenech after he got it from Inspector Arnaud.

Therefore, how could Mr Fenech now be investigated and arraigned by a person with close ties to the person he was also investigating?

The lawyer said there are tapes and recording which mention Keith Schembri and a photo of him hugging Melvin Theuma at Castille and a letter mentioning Keith Schembri as the person who paid him and who commissioned him. This is shameful and scary," she says. 

"The prejudice is irreversible,"

"This is a murder case which carries life in jail. It can never be remedied. Yorgen Fenech cannot have peace of mind that he will have a fair hearing." 

She insisted that the investigation should be carried out by someone who was independent. 

Lawyers for the Attorney General argued that the application is inadmissible and there were other legal avenues which Yorgen Fenech could have followed.  The investigation was now practically closed and it would be the prosecution which would suffer prejudice if it was stopped at this late stage.

Furthermore, Mr Fenech never had a problem with Inspector Arnaud before. It was only after his request for a pardon was refused that this issue cropped up.

At this point, the deputy attorney general said he preferred to continue making submissions behind closed doors.

A lawyer for Mr Fenech said he had nothing to hide. 

The media was then asked to leave. 

The court will decide on the case on Monday.

 

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