Yorgen Fenech’s lawyers have launched a call for “urgent” measures to be taken to stop leaks of WhatsApp messages from the businessman’s mobile phone to the media, as part of a “political strategy” aimed at undermining ongoing Daphne Caruana Galizia murder proceedings.
The fresh call was sparked mainly by a series of front-page stories on The Sunday Times of Malta featuring high profile public figures, including a member of parliament, and the messages they exchanged with Fenech, who is currently facing proceedings as an alleged accomplice in the plot to assassinate Caruana Galizia.
Fenech’s lawyers filed an application on Monday, backed by an additional note on Wednesday, making reference to the series of weekly articles, starting on February 21 on The Sunday Times of Malta about MP Rosianne Cutajar soliciting “help” from Fenech.
The latest article was published on March 21, featuring a backpage photo of former MFSA CEO Joseph Cuschieri and Fenech on board the business tycoon’s yacht.
That photo was only to be found on Fenech’s mobile phone, his lawyers pointed out in the note filed on Wednesday.
Moreover, the article in question was “packed” with quotes and references clearly taken from the relative chats between Fenech and Cuschieri, the lawyers added.
There was no doubt that, in spite of previous court warnings banning leaks of material from the accused’s mobile phone to third parties, it was “crystal clear” that some party in the murder proceedings was leaking information to the media.
This made such leaks all the more “serious,” said the lawyers, stressing that a court order was to be obeyed as a principle of public order and rule of law tenet.
However, the leaks had not only persisted but had “increased” as the court ban was “boldly and repeatedly ignored”.
All this was evidently being done to cast a shadow on the accused’s character, placing him in a bad light with those who might, in future, be called to judge him.
The series of weekly stories was intended to spark “political uproar” and it was clear that the leaks were coming from someone who was a party to the proceedings, said the lawyers, noting further that PN MP and parte civile lawyer Jason Azzopardi, under parliamentary privilege, had made reference to these WhatsApp chats to “attack” his political opponents.
The lawyers called upon magistrate Rachel Montebello, presiding over the murder compilation, to provide “urgent” remedies to stop such leaks which were growing “bolder” and which could compromise such a “sensitive case”.
Lawyers Gianluca Caruana Curran, Charles Mercieca and Marion Camilleri signed the acts.