Yorgen Fenech compilation of evidence: Jason Azzopardi testifies on radio comments

Yorgen Fenech’s lawyer has argued in court that radio comments by Jason Azzopardi were prejudicial to his client’s right to the presumption of innocence.

Charles Mercieca said Azzopardi, who is appearing as parte civile lawyer for the family of Daphne Caruana Galizia in criminal proceedings against Fenech, had a double responsibility to safeguard the legal principle at stake.

“Everyone in society has a duty to maintain the presumption of innocence, from the smallest to the biggest. If we lose the presumption of innocence, we forget what rule of law is,” Mercieca argued.

Fenech’s defence filed a court application last week seeking a remedy following comments that Azzopardi made during an interview on 103FM, which was also broadcast on Newsbook.

The defence claimed that Azzopardi attributed guilt to their client.

During today’s compilation of evidence against Fenech, the court dealt with the application filed by the defence. A decree will be given in another sitting.

Mercieca argued that people in Azzopardi’s position had a higher degree of responsibility to shoulder.

“Azzopardi has a double responsibility – Azzopardi is shadow minister, he wears two hats, one of the parte civile and another, where he sees fits, as an MP… he represents a constituency, a group of people who have trusted him with their votes. He says he represents 25,000 people – these can become influenced. These are 25,000 who are eligible to even judge Yorgen Fenech in a few years. He [Azzopardi] came here saying he is not a public official, completely shirking – apart from this being an irresponsible declaration –  the responsibility he was entrusted with by people with a vote,” Mercieca argued.

Azzopardi confirmed under oath that during the interview he spoke as parte civile lawyer and a “Maltese citizen”.

Parte civile lawyer Therese Comodini Cachia rubbished Mercieca’s argument, insisting that there was nothing prejudicial against his client at this stage of the proceedings and the application should be dismissed.

Magistrate Rachel Montebello will hand down a decree at a later stage.

Meanwhile, in a decree handed down in the afternoon over a separate court application filed by the defence, Montebello rejected Fenech's request for a constitutional reference after he claimed that his rights were breached because evidence was withheld.

The magistrate ruled that the Attorney General had a duty to collect all evidence, in favour and against the accused and pass this on to the inquiring magistrate.

She said nothing prevented the defence from presenting any evidence they deemed fit.

The next sitting is now on the 26 November at 10am.

Previous sitting

During the previous sitting, Yorgen Fenech requested a constitutional reference to a breach of human rights. Magistrate Rachel Montebello remarked that it was a 'wasted sitting.'

READ MORE: Magistrate complains of ‘wasted sitting’ as Fenech defence requests constitutional reference

The evidence against Fenech primarily rests on the testimony of Melvin Theuma, the middleman in the murder. Theuma, who had secretly recorded various conversations between himself, Fenech and others, was given a presidential pardon to tell all last year.

Magistrate Rachel Montebello hears the compilation of evidence against Fenech.

The defence lawyers are Marion Camilleri, Gianluca Caruana Curran and Charles Mercieca.

The prosecution is being led by inspectors Keith Arnaud and Kurt Zahra, assisted by the Attorney General.