Yorgen Fenech has made a fresh bid for bail claiming that proceedings against him have now reached “a very advanced stage” and that his continued detention is now no longer justified.
The latest request was put forward by Fenech’s lawyers by means of an application before the Criminal Court, presided by Mr Justice Giovanni Grixti who ordered service of the act upon the Attorney General, setting a 24-hour limit for the relative reply.
The business tycoon accused as accomplice in the assassination of Daphne Caruana Galizia has been under preventive custody since his arraignment on November 30, 2019 and various previous bail requests, both before the Magistrates’ Court as well as the Criminal Court, were persistently turned down.
However, now that the compilation of evidence has reached a “very advance stage” and the police have had time to summon any possible civilian witnesses, the prosecution’s objections to bail were no longer justified.
Fenech observed all conditions even when he had been granted police bail on five separate occasions prior to his arraignment and that dispelled the fear that he would not turn up for court hearings, the application said.
As for the fear of absconding, Fenech’s family and all immovable assets were based in Malta, his lawyers argued.
He had no assets abroad and any declaration to the contrary was “manifestly wrong,” intended solely to spark fear and to misguide.
Moreover, saying that the fear of tampering with evidence still subsisted, was “no more than a fantasy, not supported by any evidence” the lawyers said, stressing further that Fenech had a clean criminal record and could provide a third party guarantee.
Fenech has been detained since his arraignment and that is past the 20-month limit envisaged by law for the Attorney General to issue the bill of indictment or else release the accused from preventive arrest. However, the 20-month countdown was suspended at various points since Fenech was arraigned.
Lawyers Gianluca Caruana Curran, Charles Mercieca and Marion Camilleri signed the application.