Judge dismisses Yorgen Fenech bail request

The Criminal Court has denied a request for bail filed on behalf of murder suspect Yorgen Fenech.

Fenech, a former director of the Electrogas consortium, stands indicted over an alleged role in the murder of journalist Daphne Caruana Galizia in 2017. Fenech has been remanded in custody since his arrest in November 2019.

In a sitting held last week the court heard police inspector Kevin Pulis, Fenech's mother Patricia Fenech and an officer from CCF testify after being summoned by the defence to support the bail request. It had adjourned the sitting for a decision to be delivered from chambers.

In a decision handed down this morning, Madame Justice Edwina Grima ruled that there was no change in the circumstances in which the court had delivered a similar ruling in February 2022, as had been pointed out by the Attorney General in submissions.

The judge noted that several individual had been charged in connection with the murder and that the magisterial inquiryu in still ongoing. She also observed that Fenech himself had been filing court applications in which he was requesting further evidence to be exhibited before the Court of Magistrates, after his indictment.

The fear that Fenech would abscond or attempt to obstruct justice remained strong, ruled the court. The Criminal Court had previously ruled that these fears were real and supported by the evidence seen by the Court of Magistrates, said the judge, and had also made reference to individuals close to the accused who are being investigated by the police after having allegedly attempted to obstruct the course of justice.

Acknowledging that a person accused is presumed innocent until found guilty, the Criminal Court said that it still had to weigh Fenech’s request against the interests of society, ruling that Fenech should not be granted bail at this stage.