The man accused of masterminding the murder of journalist Daphne Caruana Galizia is demanding a criminal investigation into leaks of information from his mobile phone as well as the use of his seized phone to make calls.
In a statement issued by his legal team, Yorgen Fenech and his family called on Police Commissioner Angelo Gafà to investigate the leaks, including any public officials who communicated any document or fact entrusted or known to them by reason of their office and which is meant to be kept secret.
The statement was released after media reports exposing the contents of Fenech’s mobile phone to which he was not even granted access.
Times of Malta reported on Tuesday that mobile cache data is expected to reveal an exchange of hundreds of messages in 2019 between Fenech and Justice Minister Edward Zammit Lewis.
It reported that the two exchanged more than 700 WhatsApp messages between January and October 2019, until he was arrested and charged over his alleged involvement in the crime. The chats happened after he was exposed as being the owner of offshore company 17 Black.
Fenech’s legal team said the authorities had failed to prevent leaks of sensitive private data in their possession and therefore called for a criminal investigation into the matter.
They said that a copy of Fenech’s mobile phone lies exclusively with the police and the magisterial inquiry, which is currently at the Attorney General’s office.
They also said the mobile phone was used to make phone calls to other mobile numbers when the phone should be preserved at the police.
Last week, the legal team revealed in court that Fenech's wife had recently received a call on her mobile from her husband's mobile phone.
“Without questioning the integrity of the mobile phone evidence, it is deplorable that the individuals charged with the administration of justice and the protection of fundamental human rights are being careless with the preservation of evidence in their possession and allowing such evidence to leak causing irreparable harm to fundamental rights and freedoms of individuals including Yorgen’s [Fenech’s] fair trial rights,” the lawyers said.
They added: “It is deplorable that these groups or individuals who should be most concerned about the rule of law and protection of fundamental human rights, seem to be solely interested in tarnishing reputations and thwarting perceptions.
"It cannot be overstated that Yorgen [Fenech] has and is denying the charges made by police about his role in the crime, and reserves his right to institute any legal redress to counter any assault on his fundamental human rights and the presumption of innocence.”