The attorney general’s office has failed in its bid to revoke bail granted to Yorgen Fenech in money laundering proceedings after the criminal court declared that the magistrate’s decision was “reasoned” and balanced.

Even though bail in this case has been confirmed, Fenech remains in custody in view of his other criminal proceedings, including being charged with conspiracy to murder journalist Daphne Caruana Galizia.

In a decree delivered on Friday, Mr Justice Giovanni Grixti ruled that the magistrates' court's decision was “reasoned” and in line with the notion of proportionality, striking a balance by ensuring society’s right to a just and due process and the accused’s equally fundamental rights under preventive arrest. 

Two days after the magistrate's court decision on November 2, the attorney general filed an application before the criminal court seeking to revoke bail, basing its request on the fear of absconding, stemming from Fenech’s ties abroad. 

In her decision, magistrate Donatella Frendo Dimech had observed that the sum allegedly involved was “very discreet” and the charges were limited to a very specific time frame.

That court also concluded that the prosecution had failed to “sufficiently justify” its main objection to bail, namely the fear that Fenech would abscond in view of his contacts abroad.

Yet, the attorney general had not produced evidence to show that this fear was “real and actual”, simply referring to Fenech’s ties abroad, declared Grixti.

The criminal court was to determine whether bail had been “reasonably and legally” granted by the magistrates’ court and that there was no procedural error presenting an obstacle to bail. 

Grixti agreed with Frendo Dimech and turned down the attorney general’s request to revoke bail or alternatively impose more stringent conditions. 

Lawyers Gianluca Caruana Curran, Charles Mercieca and Marion Camilleri assisted the accused. Lawyers Cinzia Azzopardi Alamango and Marthese Grech appeared on behalf of the attorney general.