Court dismisses Yorgen Fenech's attempt to overturn €5 million garnishee filed by Caruana Galizia heirs

Madame Justice Anna Felice has thrown out an attempt by Yorgen Fenech’s lawyers to overturn a €5 million garnishee order filed over his assets by the heirs of murdered journalist Daphne Caruana Galizia.

The garnishee order, filed last year by lawyer Peter Caruana Galizia and his sons Andrew, Matthew and Paul against Yorgen Fenech, Melvin Theuma, George Degiorgio, Alfred Degiorgio and Vincent Muscat is meant to freeze assets which may be used to pay for damages they suffered as a result of the murder of Daphne Caruana Galizia in 2017.

The judge, presiding the First Hall of the Civil Court,  said that the principles regulating the procedures had strong roots in local jurisprudence. “Essentially, the examination which this court must make on the merits must remain limited to that which appears at first glance, with the caveat that the deeper investigation of the issue would be reserved to the court hearing the principal case. Besides this, it is always taught that the court doesn’t lightly toss aside the right of a creditor to secure his credit by all means available at law…”

She went on to note that the argument of nullity of the garnishee had no place, as the law under which the challenge was filed did not speak of scrutiny relating to nullity or otherwise.

There was no change in circumstances as required at law and the claim over the frozen assets remained, ruled the court.

Yorgen Fenech is arguing that the sum requested is excessive, as in the sworn application the sum of €5 million is not requested and neither was any documentation leading to the verification of the amount exhibited.

But the judge ruled that in order to effectively establish the amount of damages caused, it would have to delve far deeper than that expected of a court in such proceedings, in excess of its powers.

A similar garnishee issued against Melvin Theuma was withdrawn as alternative security was provided.

The court also dismissed a request for a penalty to be imposed on the Caruana Galizia's for an abuse of the judicial process through the issuing of the garnishee in question. None of the legal requirements for the subsistence of such a penalty existed in this set of circumstances, said the judge.

Finally, a request to have the court order banks not to freeze the assets did not provide any evidence that the banks were breaking the law. “This court is of the opinion that if this is the case, the complaint should be addressed to the banks through the  proper procedures.”