Gag order unjustified, PEN Malta says on magistrate’s ruling in Yorgen Fenech contempt case

A magistrate’s ruling on a contempt of court application filed by Yorgen Fenech’s lawyers is “illogical and disturbing”, PEN Malta President Immanuel Mifsud said. 

He was reacting to Magistrate Rachel Montebello’s ruling yesterday concerning the publication by Times of Malta journalist Jacob Borg of WhatsApp exchanges between Fenech and Anton Attard on Eurovision odds.

Montebello ruled that the publication of the messages did not prejudice Fenech’s right to a fair hearing but warned that they breached her order for phone data presented in the acts of the case not to be published.

Fenech stands charged with masterminding the murder of Daphne Caruana Galizia.

PEN Malta is an organisation that champions literature and freedom of expression.

“We understand the right of everyone accused of a crime to be presumed innocent until proven otherwise. We also understand that it is the duty of the court to protect the accused from prejudice and their right to a fair hearing,” Mifsud said.

However, he pointed out the inconsistency in the magistrate’s ruling that despite finding that the published conversations did not prejudice Fenech’s rights, she ordered that the breach of the ban must not be repeated.

 “A gagging order on matters that do not prejudice the ongoing proceedings against Yorgen Fenech is not justified,” Mifsud said.

He added that PEN was “disturbed” at the manner by which the magistrate saw fit to rule Times of Malta’s reporting as ‘not in the public interest’.

“Even if the matter was controversial, which it isn’t because evidence of the use of public funds to fix betting odds is by any standard in the public interest, the magistrate has no role in making such a determination,” Mifsud said.

“PEN Malta calls for the respect of journalistic freedom, not merely in the interest of the people who exercise that profession, but more importantly because of the public’s right to know what journalists find out about wrongdoing in their democracy. The application of yesterday’s gagging order would have meant that past stories sourced from the records of Mr Fenech’s phone conversations – that led to resignations and material consequences in public institutions – would have been kept from the public’s view. This would have been manifestly not in the public interest,” he added.

PEN Malta called upon the courts to ensure that in the exercise of their duty to protect, as they should, the rights of all people accused of crimes, they also recall, at all times, the right of the public to be informed of corruption, collusion and wrongdoing in public institutions.