Yorgen Fenech’s lawyers insist 8-1 acquittal verdict deserves respect

An 8-1 verdict deserves respect and should not be undermined, the defence team for Yorgen Fenech said, referring to critics of the murder trial verdict in a letter sent to the media.

The letter, signed by the defence team, states that the "practically unanimous" non-guilty decision should not be undermined by "malicious lies and fabrications".

"It is unacceptable that a practically unanimous verdict should be the subject of attack on the basis of malicious lies and fabrications," the defence team said in a letter sent to the media.

The letter responds to recent attacks on the verdict, specifically to the idea they refer to that three scientifically based opinion polls held over the span of five years, carried out by a company specialising in surveys held in the context of an orchestrated media blitz against the accused in the years leading up to the trial could have influenced the jury.

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The defence team stressed that all jurors were questioned on oath about whether they had been contacted for any polls, and each denied it.

The defence emphasised that the court had already moved to protect the jury process.

According to the letter, the court learned of the polls a month before the trial began. The court then altered the list of potential jurors for July and questioned each person about poll participation before empanelling them. "Each and every single juror whose name was drawn, whether subsequently empanelled or not, replied in the negative. This was done on oath," the letter states.

The defence also noted that neither the Caruana Galizia family's lawyers nor the prosecution requested a postponement or sought any remedy over the polling issue.

Hitting back at those making bribery claims, the defence team said it is "beyond unfair on all these jurors who served the community at great personal sacrifice, to be subjected to spurious allegations of bribery".

The legal team described the claims as "libellous allegations", accusing critics of trying to "cover up the weaknesses of the case of the prosecution, the inadequacy of the lawyers of the prosecution, and that of the lawyers for the victim's family, the underlying corruption of the investigation." 

They also pointed out the family’s inexplicable persistence in their refusal to accept that it was others who were involved in the act resulting in the murder of Daphne Caruana Galizia.

They say that “this was all in an effort to put pressure to undermine the verdict.”

They also pointed to evidence that emerged during the trial through defence cross-examination and submissions. According to the letter, some facts previously hidden or "irregularly ignored by the prosecution" led the court to order the Malta Police to investigate new leads that surfaced during hearings.

"The defence team reserves the right to take any legal action to counter further repetition of lies and baseless allegations in their regard," the letter concluded.

The prosecution in the jury trial of Yorgen Fenech over the masterminding of the Daphne Caruana Galizia assassination will be appealing the verdict. If the prosecution files the appeal, it will seek Fenech’s retrial, challenging the verdict on grounds related to the jury trial process itself. Three judges would hear the appeal.