It will be two to four years before Yorgen Fenech, the alleged conspirator in the murder of Daphne Caruana Galizia, faces a trial by jury, according to lawyers.  

Fenech is looking at a lengthy legal process before he is actually tried for his crimes, says Jason Azzopardi, who represents the victim’s family.  

In a document filed in court on Monday, Azzopardi argues that “we are years away from the start of trial by jury”. 

He goes on to say that the process ahead of a trial date being set could last anywhere between two and four years, with justice a long way from being done. 

The document filed in court is a reply to a criminal application by Fenech’s lawyers who have taken umbrage at a number of Azzopardi’s social media posts on the case.  

Compilation of evidence likely to take a few more months

Criminal lawyers contacted by Times of Malta agreed with Azzopardi’s assessment of the timeline, saying it is “common” for trials to take this long, “if not far longer” to begin. 

Requesting not to be named, one lawyer said the compilation of evidence against Fenech, during which the prosecution presents the testimony and evidence to support their case, would likely take a few more months to be concluded.  

The accused then has a month-long window in which to file what are known as preliminary pleas. This is a process in which the accused’s lawyers put forward arguments to have testimony or evidence deemed inadmissible and therefore not part of the eventual trial.  

Degiorgio brothers Alfred and George, who along with Vincent Muscat are charged with triggering the bomb that killed the journalist, have filed more than 100 of these preliminary pleas. 

Once a judge gives a judgment on what is deemed admissible, the accused can file an appeal before a higher court presided by three judges and chaired by the chief justice. 

When that process has been exhausted a trial is scheduled – again a process that can take several months.  

Malta’s court delays have long been the subject of criticism both from those who get caught up in them and from international bodies.  

The latest figures by the Council of Europe’s Commission for the Efficiency of Justice, which refer to 2017, paint a dismal picture, particularly with regard to the length of time court cases take on the island. 

The European average for criminal appeals is 77 days but in Malta it reaches 1,025 days.