No police reports filed by Yorgen Fenech against Jason Azzopardi, Manuel Delia, court told

The Commissioner of Police has told a court that Yorgen Fenech had not filed any police reports against Nationalist MP and lawyer Jason Azzopardi, or blogger Manuel Delia.

Fenech had filed a judicial protest last month, claiming that the defendants had carried out a systematic attack on the reputation of judge Giovanni Grixti before the latter decided on Fenech’s bail. He also said that the police had already been made aware of the issue and called upon them to investigate.

Fenech is indicted for complicity in the 2017 murder of Daphne Caruana Galizia and the prosecution is asking for a life sentence.

In a judicial protest filed before the First Hall of the Civil Court, Fenech’s lawyers had explained that on 16 August, they had filed an application for bail, which was then granted a hearing on 18 August. On that day, the court, presided by Mr Justice Giovanni Grixti, had put the case off for a decision in chambers.

“The day after [… ] whilst Mr Justice Grixti had been deliberating on the bail decree, the parte civile lawyer Jason Azzopardi, together with blogger Manuel Delia began a systematic attack against Mr Justice Grixti, where they insulted him, in what the applicant sees as a concentrated effort to influence the bail decision.”

Grixti eventually denied Fenech bail.

Delia on his blog and Azzopardi on his Facebook profile had broken the story that the judge had bought a 50ft motor yacht, named Spensierata, from Fenech’s father, George, in 2008 when he was already a magistrate. 

Fenech’s lawyers alleged that Azzopardi had insinuated that the judge was prejudiced, partial and dishonest, pointing out that he had also written to the Chief Justice asking that he intervene.

Fenech has been held in preventive custody for the past two years. His bail request had been filed days after the Attorney General had issued the Bill of Indictment against Fenech, effectively resetting the clock on automatic bail just before it ran out.

His lawyers argued that the actions of Azzopardi and Delia constituted a crime against the administration of justice which is prosecutable ex officio – not requiring the complaint of the injured party.

The police had already been made aware of this, said the lawyers, explaining that they had not been made aware of whether the police had started investigating the publications.

"No formal report"

In a counter protest filed this morning, the Commissioner of Police told the court that there was no formal report filed by Fenech and that as a result, he was taking the judicial protest as an informal report containing information to be provided to the police.

The Commissioner also pointed out that the actions complained of “do not constitute a crime under Section 93 of the Criminal Code.” He contended that no fundamental right of Fenech’s was being prejudiced.

The Commissioner therefore categorically and formally denied the allegations and requested that he desist from making further “baseless, frivolous and vexatious” allegations.

State Advocate Chris Soler and lawyer Maurizio Cordina signed the counter protest.