Daphne Caruana Galizia's mobile phone data not in evidence, cannot be shared with Yorgen Fenech's lawyers, court says

A judge has told Yorgen Fenech’s lawyers that they cannot be given copies of data retrieved from devices that they claim belonged to murdered journalist Daphne Caruana Galizia as they have not been exhibited in the acts of the case.

Journalist Daphne Caruana Galizia was killed in October 2017, by a bomb placed under the seat of her car. Fenech is accused of ordering the killing and has been indicted.

Court expert Dr. Martin Bajada was summoned but did not appear in court today, informing the court that he was unable to attend for personal reasons. 

Lawyer Charles Merceica informed the court that the acts contained a reply from Bajada in which the expert had said that he had no information to give.

Madame Justice Edwina Grima pointed out to the defence that Bajada had never testified in the compilation of evidence and that he had presented his report in the acts of the compilation against the Degiorgios only. This meant that at this stage, it did not constitute evidence in the acts, said the judge, and therefore it could not be disclosed to the defence.

Merceica asked whether Bajada could testify in the jury and exhibit the data at that stage. “Daphne had two phones and the expert was appointed to see whether there were any threats from third parties,” claimed the lawyer.

The court pointed out that this exercise had never taken place, however. “The phone itself was destroyed in the explosion and so a clone was made, from which only limited data could be extracted,” said the judge. 

“Where does this leave us?” Mercieca asked. The court replied that it could only work with the evidence exhibited before it. When the judge had asked the inquiring magistrate for the information, the magistrate had rightly answered that the inquiry was secret and refused, she told the lawyer.

Mercieca stated that before the defence had all the evidence in hand, it would encounter difficulty in preparing its defence.

He also asked about data extracted from Keith Schembri’s digital devices. “I cannot ask for evidence which is part of pending inquiries,” replied the court.

Mercieca protested that this put the defence in an awkward position and asked what the court could do.

“The court can do nothing…at the end of the day we will see what evidence there is and which can be shown to jurors and take it from there,” replied the judge.

Decision on bail request to be delivered from chambers

The court also heard evidence on Fenech’s latest request for bail in today’s sitting.

The defence summoned Inspector Kevin Pulis, a CCF official as well as Yorgen Fenech’s mother to testify.

Inspector Pulis gave details of Fenech’s arrest and searches carried out at Portomaso. He told the court that Fenech had cooperated with the police and had obeyed the conditions imposed on him during his time on Police bail.

A prison official also testified about Fenech’s behaviour in prison, telling the court that “Yorgen had one report in January 2020 for failing to comply with regulations. He was reprimanded for that offence. He has no other reports besides that.” 

Deputy Attorney General Philip Galea Farrugia asked the witness whether it was true that Fenech had tested positive to cocaine 33 days after his incarceration. “Yes, on the 23 November he was positive for cocaine” replied the official. “And on the 3rd January?” asked the prosecutor.

Fenech was tested on 10 occasions after the positive cocaine test, said the official. “He was continually tested…I think it was on the 2nd January 2020, that the test came back negative.”

“He was tested 10 times after being found positive for cocaine.”

The final witness summoned by the defence was Fenech’s mother, who said she would accept to act as the guarantor for her son’s bail, also offering her family home as security for his release.

Fenech’s mother took the stand as a potential guarantor, saying she was prepared to accept the obligation to make sure that Fenech obeyed all conditions imposed by the court. 

“I am ready to give my home, my most precious possession as guarantee,” she said

The woman exhibited an envelope she had been given by lawyer Gianluca Caruana Curran, to the court, containing a copy of an estimate of the value of the property.

“I am convinced that my son will act responsibly. After his dad died, He always acted responsibly and showed respect.”

Mercieca asked her whether she knew what the consequences of her guarantee, including criminal, were. “I know there can be consequences, even criminal, but I am not worried about them as I know Yorgen well.”

The court will decide on the bail request in a decree to be delivered in chambers.