Schembri’s cell phone: Police commissioner hits back at ‘fishing expedition’ by Yorgen Fenech defence

The Commissioner of Police has described the allegation, made by Yorgen Fenech’s defence lawyers, that the police are in possession of a complete mobile phone extraction relating to Keith Schembri, as simply a vexatious “fishing expedition,” intended solely to drag out proceedings further.

In a reply to a surprise court application filed by Fenech’s defence, in which it was claimed that data from Schembri’s missing mobile had somehow been extracted by the police, the Commissioner of Police put the onus of proving the claims on the defence.

The Constitutional case dealing with Fenech’s request for the removal of the lead investigator investigating the murder of Daphne Caruana Galizia was due for judgement in November, but in the application filed earlier this month, Fenech’s lawyers say that the police had recently taken possession of the full extractions from Keith Schembri’s mobile phone.

“This mobile phone appears to contain information which could confirm that which the plaintiff is claiming,” reads the application, saying that the evidence is vital to his case.

In his reply filed this afternoon, the Commissioner of Police argues that the lawyers’ application is procedurally null and that the data analysed to date did not have any relevance to the murder case.

If anything it was up to Fenech’s legal team to prove what it was alleging and as the investigation into the murder did not contain it, be summoned to explain and prove where this extraction was found, what it contained and its relevance to the proceedings.

"In any case, [the request] is vexatious and aimed at dragging out the proceedings so that the applicant can continue with a fishing expedition..." said the Commissioner.

State Advocate lawyers Chris Soler and Maurizio Cordina signed the reply.