Magistrate orders explanation from Jason Azzopardi on Fenech guilt implication

Nationalist MP Jason Azzopardi must explain to the court of Magistrate Rachel Montebello claims he made on Radio 103FM where he implied guilt on Tumas magnate Yorgen Fenech for the assassination of Daphne Caruana Galizia.

Filed before Magistrate Rachel Montebello on Monday, Yorgen Fenech’s application includes a transcript of an exchange between Azzopardi and radio host Andrew Azzopardi.

Fenech said that on 31 October, in a live broadcast, the lawyer, who is also parte civile for the Caruana Galizia family in the criminal proceedings, told Andrew Azzopardi that Fenech was guilty of masterminding the murder.

The radio programme was also broadcast on Facebook and was viewed by over 17,000 people, said Fenech’s lawyers Gianluca Caruana Curran, Charles Mercieca and Marion Camilleri.

It was clear from the acts of the proceedings that the Caruana Galizia family was taking an active role in the compilation of evidence against Fenech, they added, pointing out that Azzopardi is “not only one of the lawyers assisting the parte civile… but is also an MP… and shadow minister for justice”.

They alleged that this was a “clear conflict of interest”.

This situation, where public declarations were being “continuously and repeatedly” made served to prejudice the minds of potential jurors who will be judging Fenech, said the lawyers.

Azzopardi’s statements went against what legislators intended to protect when they introduced Section 366C to the criminal code, they argued.

The legal provision says: “As long as a suspect or accused person has not been proven guilty according to law, public statements made by public authorities and judicial decisions, other than those on guilt, shall not refer to that person as being guilty.”

The application requests the court to order Azzopardi to testify about what he had said on the radio and to declare a breach of section 366C, as well as provide a remedy.

The lawyers also asked that any similar declarations be avoided in future to “somehow begin to neutralise (if even possible) the irreparable harm that is being done to [Fenech’s] fundamental rights and those of the administration of justice.”

Fenech was arrested in November last year and charged with what police believe is his involvement in commissioning Caruana Galizia's assassination. His compilation of evidence is ongoing.

Caruana Galizia was murdered on 16 October 2017 in a car bomb just outside her Bidnija home.

Three men - George Degiorgio, Alfred Degiorgio and Vince Muscat - were charged with carrying out the bombing in December that year. They are awaiting trial.