Fenech trial exposes gaps in Maltese law, Azzopardi says

Lawyer Jason Azzopardi has called on the government to immediately introduce a series of legislative changes to Malta’s legal system following his first-hand experience of the trial against Yorgen Fenech.

Azzopardi appeared as parte civile for Daphne Caruana Galizia’s family in the trial against Fenech, who faced charges over the alleged masterminding of the journalist’s murder. Fenech was acquitted on all counts.

The lawyer highlighted three offences recognised in UK law which, he said, feature in the legal systems of all series countries but remain absent from Maltese law.

The first two were misconduct in public office and perverting the course of justice, both of which carry a maximum sentence of life imprisonment.

The third was assisting an offender, previously known in England as being an “accessory after the fact”, which carries a maximum sentence of 10 years’ imprisonment.

Azzopardi questioned whether, throughout the two-month trial, the public had heard of actions allegedly carried out after Caruana Galizia’s murder which, despite causing public outrage, do not constitute criminal offences under Maltese law.

“I had proposed them twice before 2022, yet they voted against them,” Azzopardi said. “I hope you have realised by now just how much we need them.”

He called on the government to introduce the three offences into Maltese law immediately.

“A final note: Remember that the only person subject to an investigation order is Charlie Wires—a very lowly Court employee. Yet, there is no problem if you try to bribe a witness or approach one to testify in your favour,” Azzopardi concluded.