Yorgen Fenech denied bail, judge underlines need for virtual courtrooms

A judge has refused the latest bail request made by Yorgen Fenech, highlighting the urgent need for virtual courtrooms to move cases along, in the process. 

The call comes just days after the Chamber of Advocates also argued for the introduction of virtual courtrooms.

Fenech, the suspected mastermind behind the car bomb used to murder journalist Daphne Caruana Galizia in 2017, has been denied bail several times, the previous occasion being just two weeks ago. He has been under arrest in preventive custody since being charged with complicity in the murder of Caruana Galizia in November.

Mr. Justice Aaron Bugeja delivered his decree on the urgent bail request from chambers, late on Tuesday.

Noting that “this Court is bound to take into consideration a number of factors and interests which are not always easily reconcilable,” the judge said it was his duty to protect the interests of the victim and “balance these interests with the interests of the Republic which wants to see justice happen without obstacles at this stage.”

The court pointed out that the potential imposition of the punishment of life imprisonment alone was not sufficient cause for denying bail, but that in this case there were real risks of tampering with evidence or the accused absconding.

Despite his ties to the island, Fenech had sufficient means to escape by bypassing legitimate channels, which would jeopardise his eventual trial.

In addition to this, the murder plot in which Fenech is accused of participating was of “a greater impact than other murders,” said the judge, due to the victim’s high profile, personality, her investigative journalism, the method used to murder her as well as the historical and socio-political context.

The closure of the courts and the lockdown in prison as a result of the COVID-19 pandemic had added another layer of complication to the murder case, which the judge said had to be handled with “special diligence.”

The pandemic had restricted the freedoms of all persons in Malta, said Mr. Justice Bugeja, pointing out that the suspension of court proceedings had been done “for the noble and higher cause of safeguarding public health”.

For the duration of the court building’s closure, the court urged that “logistical and legal arrangements be made as soon as possible” to allow the court to function, saying that this would begin to address Fenech’s concerns.

For these reasons, the court said Fenech's request for bail could not be upheld at this stage. 

Lawyers Gianluca Caruana Curran and Marion Camilleri appeared for Fenech. Deputy Attorney General Philip Galea Farrugia represented the Office of the Attorney General.