Prosecution and Yorgen Fenech’s defence team argue over legal technicalities

The compilation of evidence continued today in Court in the case of Yorgen Fenech. The three hour sitting was dominated by legal arguments between the defence and the prosecution.

Appearing in front of Magistrate Rachel Montebello, the compilation continued in the case of Yorgen Fenech, the alleged mastermind behind the murder of Daphne Caruana Galizia. In today’s sitting, Fenech’s lawyers insisted that his rights to a fair hearing had been breached. Magistrate Montebello said that before more witnesses can be heard and before the case continues, the application filed by the defence lawyers in front of the Constitutional Court needs to be decided.  One of the defence lawyers said that the issue was about who presented the application first at the beginning of this month,  whether it was the defence or the prosecution.

The Court’s Assistant Registrar from the Criminal Court was asked to testify about when the application was presented by Fenech on 3 November. She said that she does not take note of the time the application is filed. The Magistrate said that she does not agree that she should ascertain who was the first to present their application and at that point, Fenech’s lawyer asked the Court permission to refer the issue to the First Hall of the Civil Court.

The Deputy Attorney General  Philip Galea Farrugia said that the request by the defence was frivolous and that the prosecution has no objection to the request to preserve the evidence once it is its duty to present all the evidence. Magistrate Montebello said that it would allow the defence until 13 November to present its own application.