Former fisheries director denies charges related to alleged tuna export racket

Former fisheries department director Andreina Fenech Farrugia denied charges of money laundering, trading in influence, disclosing official secrets, and bribery after an investigation into illegal tuna exportation had been initiated by Spanish authorities. 

Fenech Farrugia appeared in court on Monday alongside Giovanni Ellul, a director of Malta Fish Farming (MFF) Ltd, who was also charged with falsification of documents, money laundering, participation in organised crime and using false documents.

Both pleaded not guilty to all charges. 

During the sitting, it emerged that whilst tuna would be exported legally via air to Spain, large quantities of the fish would also be exported to Spain through Marseille, illegally having the same identification and cash documents as the legally dispatched fish. 

A number of police officials took the witness stand throughout the sitting. 

Inspector Matthew Galea told the court how the Spanish Asset Recovery and Management Unit had requested information regarding the assets of various persons in 2018. An analysis of the company registry revealed that José Fuentes Garcia held roles in a number of companies including Mare Blu Tuna Farm Ltd, as well as Waterline Trading Ltd.

It also emerged that the Spanish Guardia Civil had requested a meeting with Maltese police representatives in Madrid. This meeting concerned “Operation Tarantello”, with Spanish authorities investigating the movement of undeclared illegal tuna from Malta to Spain via trucks. 

The court heard how tuna would allegedly be exported to Marseille, before then being taken into a Valencia warehouse. Whilst legally documented tuna would be transported by air to Rome and then to Spain, the undocumented tuna would be taken to France by sea before being transported to said warehouse. 

Inspector Doriette Cuschieri, who had been stationed at the economic crimes unit in 2018, told the court that Fenech Farrugia had lodged two police reports against two companies, namely Mare Blu and Fish and Fish. It emerged that these reports concerned discrepancies between what had been registered with the department and what had been found during inspections of tuna pens by the Fisheries Department. 

An inquiry was then launched and later broadened to cover all Maltese fish farms. At the time, Spanish authorities had noted in their investigations of the tuna industry that a number of Maltese persons were allegedly involved in transporting tuna from Marseille to Spain, namely an illegal Valencia warehouse. 

Under cross-examination, Cuschieri replied in the affirmative when asked by lawyer Franco Debono to confirm that the inquiry had been launched on the basis of reports filed by Fenech Farrugia. 

In Spain, local police learned more about the containers being sent from Malta, as they were owned by Express Trailers. 

Inspector Elliot Magro explained his involvement in the investigation, noting that he ended up being a part of the whole process despite initially offering assistance by way of police boats. He noted that legal and illegal exportations of tuna would retain the same cash document.

It emerged that Spanish investigations took place after people became ill after consuming the tuna. Tests revealed that some of the fish had been afflicted by high levels of chemicals which are detrimental to humans. It was stated that whilst this fish had been exported by MFF, Mare Blu was also involved. 

Inspector Magro recalled visiting Express Trailers alongside Inspector Cuschieri. Although they were provided with documentation, it was noted that the tuna fish would only be declared as “fresh fish”.

Reference was made to a number of telephone calls and message transcripts. It emerged that Fenech Farrugia stated that she would be going to Brussels and would try to convince the minister to increase the quota for tuna in pens, and that she had told Fuentes (who would allegedly receive tuna in Spain) that she is “going to tell Giovanni [Ellul] he should go to the politician himself to put pressure”.

In another message, it was stated that “I am in Bulgaria just for you. You have to pay me because I have a meeting with the [director] general of Brussels”. Another transcript reads that Fenech told Fuentes that she would “not tell him anything about work until she saw him”.

Inspector Clive Abela was next to testify, as he recalled analysing the conclusion and evidence of the inquest. He made reference to financial analysis, noting that Fenech Farrugia had a total of five bank accounts – a savings and current account in addition to three joint accounts with her husband – one for each of their children. The children’s grandparents would transfer approximately €2,000 a month, which would then be transferred out to Fenech Farrugia’s account. 

The court ruled that the accused had a case to answer, and the sitting was adjourned to November. 

AG lawyers Andrea Zammit and Alessia Schembri prosecuted alongside police inspector Clive Abela.

Lawyers Franco Debono, Marion Camilleri, and Daniel Attard assisted Andreina Fenech Farrugia.

Lawyer Stephen Tonna Lowell appeared for Ellul and his company.