Yorgen Fenech renews bail request, citing legal time limits

Former businessman Yorgen Fenech has requested bail, claiming that his 30-month maximum period of preventative custody since his indictment has expired.

Prosecutors, however, maintain that time suspensions are justified due to delays in evidence compilation.

Yorgen Fenech is seeking bail after more than 30 months since his indictment, arguing that Maltese law entitles him to release. He is accused of masterminding the assassination of Daphne Caruana Galizia but pleads not guilty. 

Fenech has renewed his bid for bail, contending that the mandatory 30-month period since his indictment has expired. Fenech, who faces allegations of complicity in the 2017 assassination of journalist Daphne Caruana Galizia, has been in custody since his arrest in late 2019 and continues to plead not guilty. 

Fenech appeared in court on Friday for a pre-trial hearing, where his defence team argued that he is entitled to bail under Maltese law. Article 575 of the Criminal Code mandates that bail shall be granted if more than 30 months elapse between the filing of the bill of indictment and trial in cases involving crimes punishable by imprisonment exceeding 15 years. 

Defence lawyer Charles Mercieca argued that “the total time between the bill of indictment to date was 39 months 18 days.” Factoring in periods during which the case acts were suspended, Mercieca maintained that “today we are precisely at 30 months three days.” 

The Attorney General’s office opposed the request, arguing that the 30-month period should exclude the time spent compiling additional evidence in the reopened magisterial inquiry. AG lawyer Godwin Cini asserted that the defence itself had requested further evidence at various stages, suspending the timeline. 

“The legislator provided for the suspension of that time limit whenever the accused asked for more witnesses to be heard, so as to curb abuse,” said Cini. Allowing otherwise, he argued, would enable defendants to intentionally prolong proceedings beyond the time limit. 

Cini further pointed to “prima facie evidence” that Fenech had been planning to flee Malta at the time of his arrest, citing his financial resources, overseas connections, and the risk of tampering with evidence. He also highlighted concerns over potential public disorder. 

The defence dismissed the prosecution’s claim, insisting that no applications for additional witnesses had been filed. Instead, Mercieca argued, they had submitted notes to flag evidence overlooked by the prosecution, which did not constitute a request for additional evidence. He reiterated, “Bail is mandatory upon the lapse of 30 months.” 

Mercieca further stated, “It will never cross Yorgen Fenech’s mind to abscond… his intention is to fight this trial to prove his innocence and he will. We do not want what is not ours, but give us what is ours by right.” 

Presiding over the hearing, Judge Edwina Grima is expected to deliver a decision on the bail through a decree. Meanwhile, the judge ordered the police commissioner to investigate claims raised by the defence regarding podcasts allegedly aired in breach of a court ban. The commissioner is to report his findings at the next sitting in January. 

Lawyers Anthony Vella, Godwin Cini, and Danika Vella on behalf of the Attorney General are leading the prosecution,  

Lawyers Gianluca Caruana Curran, Charles Mercieca, and Marion Camilleri are representing Yorgen Fenech. 

Lawyer Jason Azzopardi is appearing as parte civile.