Judge gives Yorgen Fenech’s lawyers dressing down after failing to summon witnesses

The Constitutional case over repeated bail refusals, filed by Daphne Caruana Galizia murder suspect Yorgen Fenech, hit a snag after a technical omission by the accused’s legal team “wasted” the sitting.

As the case was called on Wednesday afternoon, it immediately emerged that Fenech’s legal team had not subpoenaed their witnesses for today’s sitting, much to the displeasure of the judge.

Madame Justice Miriam Hayman said that the court had seen the note filed by the accused but noted that there was no subpoena for the registrar of the Criminal Court as required.

The judge was annoyed and gave a stern dressing down to Fenech’s lawyers after no witnesses were effectively subpoenaed for the sitting. A court messenger called for the registrar outside the courtroom, as is customary, but the registrar did not appear.

Madame Justice Hayman said the court had seen the note filed by the accused but also observed from the acts of the case that the registrar of the Criminal Court had not been summoned to testify, as was required. 

In the last sitting, the court representative had not brought the documents requested, leading to confusion as to who was to summon the witness for this sitting, said the plaintiff's counsel, saying it was a procedural error attributable to no one.

“Look here, I’ve been handling cases since before you were born,” interrupted the judge as lawyer Charles Mercieca attempted to explain the problem. 

The judge asked Mercieca if he had an objection to it hearing witnesses for the other side so as not to have completely wasted the sitting. Lawyer Therese Commodini Cachia objected however, explaining that it would put her clients at a strategic disadvantage.

Today was a “wasted sitting”, observed the judge.

“Point taken,” said lawyer Marion Camilleri, after the plaintiff’s lawyers were rebuked by the judge. “You’d better take it,” shot back the judge, “because otherwise I will declare the evidence closed.”

The case will continue on 28 July.

Lawyers Marion Camilleri, Gianluca Caruana Curran and Charles Mercieca are appearing for Yorgen Fenech.

Lawyers Jason Azzopardi and Therese Comodini Cachia appeared for the Caruana Galizia family. 

State Advocate Chris Soler represented the government.