Judge shoots down Yorgen Fenech's request to reveal identities of secret service agents
The defence argued that the agents acted outside of their remit when they passed on information that led to Fenech's arrest on 19 November 2019
Judge Miriam Hayman has denied a request by Yorgen Fenech’s lawyers to divulge the names of officials from the Malta Secret Service who passed on information that led to Fenech’s arrest on 19 November 2019 as he was leaving the Portomaso marina.
The ruling comes two years to the day since Fenech was arrested.
His lawyers made the request on the argument that the operation was unlawful. However, given that Fenech was ultimately intercepted when trying to flee Malta before his arrest, whether or not the names are divulged is irrelevant to the case, the judge argued.
The court also denied a request by the State Advocate, Attorney General and parte civile to have Fenech’s pending money laundering case presented as evidence in his murder compilation.
This request was met with heavy objection from Fenech’s lawyer Charles Mercieca. “God forbid that a person be denied bail because of other pending cases before them,” he said.
Mercieca argued that the two cases are separate. In Fenech’s case relating to the murder of Daphne Caruana Galizia, the prosecution can only work with his criminal conduct at the time of the charges. “And it wasn’t tainted,” Mercieca remarked.
Both requests by the prosecution and defence were thrown out by the judge.
These requests were put forward in the constitutional case opened by Fenech over his repeated denial of bail throughout the murder compilation.
The compilation was spurred by charges that Fenech was complicit in the assassination of journalist Daphne Caruana Galizia.
Last summer, Fenech was also accused of money laundering and misappropriation from his company Glimmer Ltd, which he jointly owned with his uncle Ray Fenech.
He is alleged to have misappropriated around €40,000.
Lawyers Charles Mercieca, Gianluca Caruana Curran and Marion Camilleri appeared for Yorgen Fenech. Lawyers Jason Azzopardi and Therese Comodini represented the Caruana Galizia family.
The case will continue on December 15 at 1pm