Yorgen Fenech failure to pay court deposit leads to automatic dismissal of appeal

Yorgen Fenech had appealed a court sentence that rejected his request for judicial review of Cabinet's refusal to grant him a presidential pardon but failed to pay the required fee

Yorgen Fenech
Yorgen Fenech

Yorgen Fenech’s appeal against a judgment, which had dismissed his request for judicial review of Cabinet’s refusal to grant him a presidential pardon, has been struck off after he failed to pay the required court fees.

Fenech’s lawyers had filed an application to obtain a judicial review of the Cabinet’s decision without, however, preceding the action with a judicial letter or protest, which is an essential prerequisite when filing an action against the government or a public authority.

The lawyers argued that this prerequisite was waived in cases which required an urgent hearing. The court, presided by Mr Justice Francesco Depasquale, did not uphold the claim and dismissed the case.

An appeal was subsequently filed, but when the case was called on 24 April, the Court of Appeal (superior jurisdiction) composed of Chief Justice Mark Chetcuti, Mr Justice Joseph R. Micallef and Mr Justice Tonio Mallia, noted that the appellant had been notified of the date of the sitting, as well as the requirement of having paid the required deposit in the court registry almost a month earlier, but had not paid the deposit, as required by law.

The appeal was therefore declared abandoned, in spite of the presence of Fenech’s lawyer, Charles Mercieca.