Lawyer suggests arms dealer arraignment was diversionary tactic over 2020 pushbacks

Five men are accused of breaching EU sanctions by supplying rigid-hull inflatable boats to Libya

James Fenech
James Fenech

The lawyer defending a Maltese arms dealer accused of breaching sanctions by supplying rigid hull inflatable boats (RHIB) to war-torn Libya, has accused the police of arraigning him as a smokescreen to divert media attention from the 2020 migrant pushback scandal.

The compilation of evidence against Fieldsports director James Fenech and others, continued before magistrate Donatella Frendo Dimech this morning.

Fenech is accused, together with four men and Maltese company Sovereign Charterers Ltd, of breaching EU-imposed sanctions by exporting the two boats to Libya. The boats had been used to evacuate foreign mercenaries after a failed UAE-financed plan to support Libyan renegade General Khalifa Haftar.

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He had been arraigned in May 2020, together with four Maltese men, Michael Cauchi, Konrad Agius, Charles Bugeja and Bertrand Agius and accused of supplying men and equipment to a UAE company suspected of acting as a front to assist mercenaries in an operation supporting General Khalifa Haftar of the Libyan National Army.

Fenech had told a UN panel investigating the incident that he had only been told that the vessels were required for the evacuation of Western staff, as a number of petrochemical multinationals would, for insurance purposes, require contingency plans to evacuate their personnel.

When the case was called this morning, Fenech’s lawyer, Joe Giglio, asked prosecuting Inspector Omar Zammit to read the registered information for the RHIBs in open court, quizzing him on the details of the registration and asking whether the police had checked relevant customs details. To his knowledge, they had not, Zammit replied.

Giglio was not pleased. “This incident took place in July 2019. These persons were arraigned under arrest when the court was closed, in April 2020, nearly a year later. What was the urgency [in arraigning them]? Why was the court opened with urgency during COVID?” asked the lawyer.

“There were reasons…I don’t remember and need to check, but I recall that we had received some information…” said the inspector.

Giglio cut him off. “Were you afraid that they would escape? The Maltese media, in particular the MaltaToday, were writing about pushbacks [at the time]. Was it to deviate attention?”

“This is an insult to me. It is ridiculous,” replied the Inspector.

“It is an insult to me that the police haven’t arraigned many other people…” Giglio retorted, going on to suggest that “it was because a plan for pushbacks was being drawn up by Neville Gafa…”

The inspector repeated that the lawyer’s assertion was offensive to him. Further cross-examination was reserved.

The case continues in February.