Yorgen Fenech gets bail after five years in custody

Updated with bail measures

Yorgen Fenech, the businessman accused of complicity in the assassination of journalist Daphne Caruana Galizia, was granted bail on Friday morning, more than five years after his arrest in connection with the 2017 murder.

 Madam Justice Edwina Grima issued the bail decree during a court hearing on Friday. The court ordered Fenech to pay an €80,000 deposit and stipulated that his aunt, Moira Fenech, would act as guarantor. Her shares in the Tumas Group are being used as collateral to ensure compliance with the bail conditions.

The court ordered him to stay at least 50 metres away from the coast or any airport. Fenech must sign a bail book daily at the St Julian’s police station and observe a strict curfew, remaining indoors between 5pm and 11am.

To ensure compliance, Fenech will be under the supervision of a probation officer and must reside only at the address provided to the court. During a previous hearing, the Tumas Group had offered a property near his aunt’s residence, which the court has now approved as his designated living quarters. A police officer will be stationed outside the property around the clock.

Fenech’s passport and identification documents have been confiscated by the court. Furthermore, he has been barred from communicating with prosecution witnesses, including key figures Melvin Theuma—the middleman turned state witness—and former OPM chief of staff Keith Schembri.

In a protective measure, relatives of journalist Daphne Caruana Galizia will be covered by a court-issued protection order as the case continues.

Fenech, a prominent businessman and heir to the Tumas Group, is pleading not guilty to the charges linking him to the assassination of Caruana Galizia. He is also facing charges in a number of other separate criminal cases.

Caruana Galizia, a journalist, was killed on 16 October 2017 in a car bomb attack near her Bidnija residence. Her assassination sent shockwaves across Malta and beyond, sparking protests and international scrutiny over the state of rule of law in the country.

Fenech was arrested in late 2019 in connection to the murder. His arrest had coincided with a political crisis that saw the resignation of then-prime minister Joseph Muscat amid accusations of government links to the case.

Fenech was represented in court by lawyers Charles Mercieca and Gianluca Caruana Curran. Attorney general lawyers Anthony Vella, Godwin Cini and Danika Vella prosecuted. Lawyers Jason Azzopardi and Therese Comodini Cachia are parte civile.

'Blame lies with prime minister, minister of justice' - Matthew Caruana Galizia

In a concise reaction to the bail decree, the son of Daphne Caruana Galizia said the government had five years to deal with court delay issues yet did nothing to solve the problem. 

"The blame for killers being released on bail without any trial date in sight lies with the prime minister and the minister of justice," Matthew Caruana Galizia said. "Failure after failure by the courts, it’s become increasingly clear whose side they’re on. The side of criminals and not regular people."

Similarly, the Daphne Caruana Galizia Foundation issued a statement saying the justice system is failing victims of organised crime.

"The Maltese State failed to protect Daphne’s life and it is now failing her in death. Almost eight years on, justice for her murder has not been delivered. The bomb that killed Daphne was a warning: the justice system is failing the victims of organised crime."