Data from Daphne Caruana Galizia’s mobile phone had been checked for threatening messages which could possibly shed light on her murder but the results of that analysis have not yet been presented in the case against the businessman accused of complicity in her murder.

This information emerged on Friday when Yorgen Fenech was escorted back to court for another session in the pre-trial stages of the case concerning the 2017 murder.

As Friday’s session drew to a close, the focus shifted to data retrieved from the late journalist’s mobile phone. Caruana Galizia was killed in a car bomb explosion metres away from her Bidnija home. 

Although only the ashes of that device remained, there was another cloned copy of the Samsung S8 model and data extracted from that phone formed part of the records of the magisterial inquiry.

Since that inquiry was still ongoing, the data could not be made available in other proceedings.

A court-appointed expert who had worked on that data had only presented his report in the proceedings against alleged hitmen George and Alfred Degiorgio, pointed out Madam Justice Edwina Grima, prompting defence lawyer Charles Mercieca to voice concern.

The bill of indictment against Fenech was issued before that expert had presented his findings about data retrieved from the cloned copy in the proceedings against the businessman.

“Will we get that information at the trial? This is no ordinary item we are talking about. This is the mobile phone of Daphne Caruana Galizia.”

“Let’s take it step by step. Let’s go through the pre-trial pleas and then before the start of the trial we’ll thrash out what other information is missing and take it from there,” said the court, assuring the defence team that all information deemed essential for the jurors would be gathered before the start of the trial. 

Three witnesses testify

Most of Friday’s sitting was taken up by the testimonies of three witnesses summoned by the defence to support a fresh request for bail. 

Inspector Kevin Pulis and his team had been tasked with handling Fenech’s arrest which took place at around 6.30am on November 20, 2019 when the businessman’s yacht was intercepted just after sailing out from Portomaso marina. 

When Pulis got there some half an hour later, Fenech and the captain of the vessel had been informed about the reasons for the arrest. 

When the searches onboard the yacht kicked off in the presence of Europol officers, both men “were compliant” and obeyed all instructions even when the searches continued at Fenech’s Portomaso offices.

Pulis ran through a timeline of the events which followed, supplying dates and hours of all the times Fenech was released on police bail until his arraignment on November 30.

Former police commissioner Lawrence Cutajar had directed the inspector to handle surveillance at Fenech’s home after receiving a request from defence lawyer Gianluca Caruana Curran.

“The instructions I had were clear. To ensure the safety of Yorgen Fenech and certain members of his family,” said Pulis.

On the day preceding his arraignment, Fenech had gone to Valletta unaccompanied to file an application in court and then returned home where the police found him later that evening.

Although Pulis did not know what the exact conditions of that particular police bail were, he recalled how Fenech would point out the “exact” hours imposed in terms of those conditions. 

An officer from the Corradino Correctional Facility testified that since being admitted on November 30, 2019 there had only been one disciplinary report against Fenech for disobeying or failing to comply with instructions.

Asked about the inmate’s general behaviour, the witness said that the fact that Fenech only got one report “spoke for itself”.

Tests positive for cocaine 10 times

Asked by deputy AG Philip Galea Farrugia, the witness confirmed that Fenech had tested positive for cocaine upon admission and had repeatedly tested positive 10 times up to January 2, 2020 while being kept in a single room.

He was then moved to Division 17 and tested negative on January 7.

The accused’s mother also took the witness stand, offering herself and her “most treasured possession”, namely her private residence to guarantee her son’s bail.

“It’s my greatest treasure. It’s where I raised my family,” said Patricia Fenech, insisting that she was prepared to shoulder responsibility and keep a “sharp eye” on her son.

“I know Yorgen well. He was always respectful especially towards my late husband even donating his kidney to his father.”

Presenting her architect’s plans and valuation of the property, the witness went on.

“I’m sure my son will obey all court directions. I know him. Since taking over after his father, he always gave his word and kept it. Everyone who did business with him can vouch for that.”

When wrapping up submissions on bail, lawyer Charles Mercieca stressed the fact that Fenech had an untainted criminal record but had been kept under arrest for 28 months.

Other persons facing charges over “far more serious crimes” had been granted bail.

“Comparisons are odious,” rebutted Galea Farrugia, pointing out that there were others accused of murder who have been under arrest for a longer-term than Fenech.

“A case in point was that of the Degiorgio brothers,” said the prosecutor, stressing that the prosecution had done everything possible to handle Fenech’s case efficiently.

The court is expected to decree on bail in chambers.

The case continues in May. 

Deputy AG Philip Galea Farrugia prosecuted.  Lawyers Charles Mercieca, Gianluca Caruana Curran and Marion Camilleri are defence counsel. Lawyers Jason Azzopardi and Therese Comodini Cachia appeared parte civile.