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[WATCH] Yorgen Fenech claims he has recordings and a contract implicating Keith Schembri

Yorgen Fenech is filing a warrant of prohibitory injunction seeking to get Inspector Keith Arnaud removed from the Daphne Caruana Galizia investigation

matthew_agius
29 November 2019, 2:56pm
by Matthew Agius
2 min read
Yorgen Fenech leaves court after challenging lead inspector on Caruana Gazlia murder case
Yorgen Fenech leaves court after challenging lead inspector on Caruana Gazlia murder case
Yorgen Fenech leaves court after challenging leader inspector on Caruana Galizia murder case
18:23 This live-blog has ended. Matthew Vella
18:12 Lawyer Marion Camilleri returned to the courtroom after a long phonecall, whispered something into the other lawyer's ear and informed the court that they would be withdrawing the habeas corpus application. Camilleri said that in the "unexpected circumstances of the protest in Valletta, and for the safety of the applicant", they are withdrawing the application. Matthew Vella
17:57 For our readers' benefit, this is now a different case before the Court of Magistrates, for a habeas corpus: Fenech's defence is saying his arrest is illegal because of the frequent releases on police bail, and re-arrests. Matthew Vella
17:56 Gianluca Caruana Curran has called up Fenech and said that it will take an hour for him to return from Portomaso. Matthew Vella
17:56 We are now in another courtroom. orgen is not here. He's been in court since early morning and very tired. He's scared to be here in view of the protests planned, he said. The magistrate said he expected he would be here. His layer claims it would have been dangerous for him to be here. “There is already this commotion in the streets and I don't want it to get worse.”
But the court has given them the choice to retire the application. The lawyers are arguing that Fenech did not have effective release after being arrested. The magistrate said: “If I am to give a decree I must give a valid one.”
The court gave them a choice: either take back the application and present it when there is no more danger or have it denied. Matthew Vella
17:55 We are now in another courtroom. orgen is not here. He's been in court since early morning and very tired. He's scared to be here in view of the protests planned, he said. Matthew Vella
17:53 We are back with an update. Matthew Vella
16:16 Thank you for following. Kurt Sansone
16:16 The sitting comes to an end and the judge is expected to give her decree in chambers. Kurt Sansone
16:09 Fenech’s defence team has alleged in court that they have recordings, a contract and a photo of middleman Melvin Theuma in Keith Schembri’s office at Castille. Kurt Sansone
16:05 Yorgen Fenech wants Inspector Keith Arnaud to be taken off the Daphne Caruana Galizia murder investigation. He is claiming that Arnaud is too close to the prime minister’s former chief of staff Keith Schembri to be impartial. Fenech has implicated Schembri in the murder but police yesterday released Schembri from custody after finding nothing that could pin him to the case. Fenech’s request for a presidential pardon to tell all was rejected by Cabinet yesterday. Kurt Sansone
16:00 The judge orders everyone out. Kurt Sansone
16:00 The judge invites the lawyers from both sides to approach the bench and discuss the case out of earshot of the press in the courtroom. Kurt Sansone
15:59 “We have nothing to hide,” says Gianluca Caruana Curran for Fenech. Kurt Sansone
15:59 The judge asks the parties whether the AG's arguments are going to divulge things which aren't publicly known. Do we keep the press here or not? Kurt Sansone
15:57 Galea Farrugia addresses his counterparts in the defence team: “My learned colleague said that even if the inspector is taken off the case there will be no prejudice because Inspector Kurt Zahra is there. But as a state of fact Arnaud was there from the beginning and knows the case inside out. He is the lead investigator. He isn't there for nothing.” Kurt Sansone
15:56 Deputy AG Philip Galea Farrugia says that the accused had no issue with Arnaud leading the investigation until the presidential pardon was refused. Kurt Sansone
15:55 Caruana Curran says: “The whole system is currently faulty your honour. I'm sorry we reached this stage.” Kurt Sansone
15:54 The defence says the inspector came down in the lockup and tried to intimidate their client. Kurt Sansone
15:53 Fenech’s other defence lawyer, Gianluca Caruana Curran adds that there are photos of Melvin Theuma at Keith Schembri's office. Kurt Sansone
15:52 This is a clamorous declaration from Yorgen Fenech’s defence, claiming that the evidence against Keith Schembri includes recordings and “a contract”. Kurt Sansone
15:51 Marion Camilleri for Fenech contests the assertion that they are claiming arbitrary arrest. "I went to the depot every time he was released and re-arrested four times. We are saying that although there is a lot of evidence against Keith Schembri - we have recordings and a contract - it was declared that he is no longer a person of interest. Kurt Sansone
15:48 The prosecution says that it will be the side to suffer irremediable prejudice. Kurt Sansone
15:47 “The other side is saying that the warrant is necessary because there are no other ways for them to secure their rights, but in our reply, we made reference to a number of remedies at their disposal. If Yorgen Fenech feels that he is being detained arbitrarily there are remedies. We are saying that we have a homicide investigation and the other side is saying that it could suffer irremediable prejudice, but it hasn't explained what shape this potential prejudice will take." - Buttigieg Kurt Sansone
15:45 Buttigieg for the AG says: “On the subject of Arnaud's wife [and her employment with Infrastructure Malta], she said that there was an interview and that she was selected. She wasn't hand-picked or selected on a person of trust basis.” Kurt Sansone
15:44 RECAP: We are in court assisting to Yorgen Fenech’s attempt to have Inspector Keith Arnaud removed from the investigation into the murder of Daphne Caruana Galizia. Fenech’s lawyers and those from the Attorney General are arguing their respective cases. Kurt Sansone
15:42 Buttigieg says there was no illicit approach during the interrogation. “This is the inspector telling him to tell the truth,” she said. Kurt Sansone
15:41 The AG’s office is arguing that the dynamics of the investigation are at the absolute discretion of the police. Kurt Sansone
15:40 Buttigieg insists: “You cannot forum shop a police investigation.” Kurt Sansone
15:39 “Is the defence trying to dictate who investigates the case. Which country permits this? Which law does this emerge from?" Kurt Sansone
15:39 Buttigieg says there are three elements for the upholding of a prohibitory injunction. If one of them is missing the warrant cannot be issued. This is a warrant against the government and so there is a question of proportionality, she insists. Kurt Sansone
15:37 AG lawyer Victoria Buttigieg responds: “We are in the remit of an injunction, which is to stop something from happening. Effectively, the other side is requesting the Police Commissioner to do something, not stop him from doing something and this is why the request could not be entertained. This is a basic distinction at law.” Kurt Sansone
15:35 The court hears that when Fenech went to the depot and found Keith Arnaud he refused to continue with questioning. “It was eventually agreed that Inspector Kurt Zahra remain there only and that's what happened.” Kurt Sansone
15:34 The judge asks when they had been informed of the reply. The judge lambasts the press for reporting that the warrant was provisionally upheld when it wasn’t. "Check your sources please." Kurt Sansone
15:33 Lawyer Marion Camilleri, appearing for Yorgen Fenech describes the Attorney General’s reply to the injunction application as "shocking". “We asked the commissioner to consider substituting the inspector and he replied in the negative, so what are we supposed to do? We tried to exhause other remedies.” Kurt Sansone
15:31 The defence argues that it is after the independence of the investigation. Kurt Sansone
15:31 Yorgen Fenech’s defence is insisting that Inspector Arnaud be substituted by someone else. “We aren't saying that the investigation should stop. God forbid!” Kurt Sansone
15:30 “We are asking the court to halt Arnaud from the investigation so that Yorgen Fench can have the peace of mind that justice will be done.” Kurt Sansone
15:29 Camilleri adds: “This is one of the most serious crimes one can be accused of that carries a life sentence. How can you say there is no irremediable prejudice? Arnaud was sending sensitive information to Schembri. Of course, I have a right to ask the court to stop this person from acting in a manner not in line with the principles of justice." Kurt Sansone
15:27 She insists: “How can Yorgen Fenech be interrogated investigated and arraigned by a person who has close ties to another person he is investigating.” Kurt Sansone
15:26 Camilleri says: “Keith Schembri was passing on sensitive information to Yorgen Fenech and he was getting it from Keith Arnaud.” Kurt Sansone
15:26 Fenech’s lawyer adds: “You have an investigating officer whose wife asked a man for a job and this job was given, how can he be impartial?” Kurt Sansone
15:25 Fenech’s lawyers argue that their complaint is based on the fact that there can be no justice when an investigating officer is so close to one of the people he is investigating. “Justice must not only be done but seen to be done.” Kurt Sansone
15:23 Fenech’s defence says it is not true that they are trying to stop an investigation. Kurt Sansone
15:23 Camilleri: The request is that Inspector Keith Arnaud no longer remain in the investigating team. Kurt Sansone
15:22 The judge opens the floor to oral arguments in the acts of the injunction. Kurt Sansone
15:22 Buttigieg: “There will only be images.” Kurt Sansone
15:21 Camilleri says “the approach” was made at the entrance to the police lockup. Kurt Sansone
15:20 AG lawyer Victoria Buttigieg: “We are talking of an approach that would be captured on CCTV.” Kurt Sansone
15:19 Yorgen Fenech’s lawyer, Marion Camilleri says the evidence is not available to them. “We asked for a copy of it and we didn't get it.” Kurt Sansone
15:19 Judge: “We must see at the end of the day whether the elements required by law exist.” Kurt Sansone
15:18 The defence says that Fenech was asked to attend police headquarters at 6am and be there by 8am. Kurt Sansone
15:17 The defence: “This is an issue which occurred in the custody of the police. We have no access. They didn't give us any copies.” Kurt Sansone
15:16 The judge addresses the defence: “I don't understand why you are using these proceedings to get evidence which you do not have.” Kurt Sansone
15:16 Lawyer Victoria Buttigieg from the Attorney General’s office says the court is being requested to go beyond the level of prima facie evidence and therefore the request by the defence must be rejected. Kurt Sansone
15:15 Camilleri says: “There was also an approach whilst he was in custody. The police must give us a copy of the information that we don't have.” Kurt Sansone
15:12 Lawyer Marion Camilleri for Fenech: “There are some recordings which have been mentioned which are not in our possession, we have asked the police for documents which are in their possession... that is our only concern." Kurt Sansone
15:12 Judge asks whether there are any witnesses. Kurt Sansone
15:11 "You are asking the court to take certain action against certain people... you have sworn this in your application, but you have a right not to incriminate yourself. Do you want to speak to your lawyers once again? The case is yours Mr Fenech." Kurt Sansone
15:11 The judge warns Fenech that he could face criminal proceedings. Kurt Sansone
15:10 The court warns that if Fenech's testimony impinges on criminal investigations, measures would be taken. Kurt Sansone
15:10 Lawyer Gianluca Caruana Curran for Yorgen Fenech says he has no problem with justice being seen to be done. Kurt Sansone
15:09 The judge asks whether the defence has any objections to the case being heard in open court. Kurt Sansone
15:08 Judge Miriam Hayman enters courtroom. Kurt Sansone

Yorgen Fenech has claimed in court that he has recordings and a contract implicating Keith Schembri in the Daphne Caruana Galizia murder investigation. There is also a photo of middleman Melvin Theuma, who was granted a presidential pardon, at Keith Schembri's office in Castille.

This has emerged in court proceedings over Fenech's request to have Inspector Keith Arnaud removed from the case. Fenech is arguing that Arnaud is too close to Schembri, a person Fenech has implicated in the murder.

Fenech, who is suspected to be the mastermind in the Caruana Galizia assassination, is filing a prohibitory injuction seeking the removal of Arnaud from the investigation.

Yorgen Fenech in court bid to replace lead investigator

Fenech entered the law courts on Friday afternoon with his lawyers. He is currently out on police bail.

Fenech was first arrested on 20 November after the Armed Forces of Malta intercepted him at sea aboard his yacht trying to leave the country. He has since been released on police bail and re-arrested a number of times.

Yesterday Fenech sent a letter, through his lawyer, to Police Commissioner Lawrence Cutajar asking him for Arnaud to be removed from the investigation.

Fenech alleged that Arnaud had been continuously informing the Prime Minister’s former chief of staff Keith Schembri - who was himself arrested on Tuesday night -  on the progress in the investigation into Caruana Galizia’s murder.

He also alleged in the letter that, following his arrest on 20 November, Arnaud had advised him to “be responsible” when it came to what he told the police.

The police, however, subsequently said in a statement that Arnaud would remain part of the investigation, since there was "no basis" for his removal, and that the results achieved to date in the investigation were testament to this.

 

 

Matthew Agius was Senior Reporter on Law and Court Affairs at MaltaToday from 2014 to 2024...
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