Pieter Omtzigt ‘shifting the narrative’, Yorgen Fenech lawyers argue

Rule-of-law rapporteur Pieter Omtzigt is shifting the narrative and not considering fairness of trial, Yorgen Fenech’s defence team, through lawyer Wayne Jordash of Doughty Street Chambers in the UK has said.

The defence team was reacting to a letter sent by the Dutch MP three days ago, in which he dismissed complaints by Fenech’s defence that he ignored their concerns over a fair trial.

“My role is to supervise Malta’s fulfilment of its international obligations. My concerns relate to the existence, regulation and proper application of the state apparatus that is required to fulfil those obligations. I am not a judge in anyone’s case, nor anyone’s advocate or legal advisor,” the MP said.

Wayne Jordash said Omtzigt was failing to address “the most vital fair trial and rule of law issues” at stake when misrepresenting several requests for assistance.

Omtzigt had replied to a letter sent by Jordash in May, explaining that he could not intervene, as the case was still sub-judice.

Hitting back, Jordash said the MP was “shifting [the] narrative”, claimig the defence’s requests fell outside his mandate.

“Your 12 December 2020 letter fails to explain your shifting narrative, namely why you first claimed you were unable to respond due to the issues being sub judice and why, when I pointed out that such as claim was inconsistent with the facts and had no basis in law, you now offer another ‘explanation’ for your apparent refusal to engage with Mr. Fenech’s fair trial issues,” the letter read.

Jordash argued that under such interpretation, there was no consideration for “fairness of trial” for Yorgen Fenech.

“It seems any investigation and any trial will do,” the defence team said, stating Omtzigt’s report, and December 12 letter, did not manifest respect “for the accused’s fundamental rights.”

The London lawyer also called out the Dutch MP’s “attack” on the integrity of lawyer Charles Mercieca, stating Pieter Omtzigt failed to mention in his report that he was cleared of any wrongdoing following an inquiry.

The lawyer called out the MP for failing to include the version supplied by Yorgen Fenech lawyer Gianluca Caruana Curran in his reply to allegations of bribery in an incident concerning Times of Malta journalist Ivan Martin.

That report was “replete with damaging omissions and inaccuracies”, according to Jordash.

 “I would expect that any Rapporteur that violated these obligations, advertently or otherwise, would issue forthright and timely corrections and/or apologies…I note that both your 24 November 2020 and your 12 December 2020 letters studiously skirt around these issues as if your public misrepresentations were justified or of no import,” the letter read.

This, the lawyer argued, leaves no surprises when observers of the criminal process arrive to the conclusion that Omtzigt “donned the mantle of a prosecutor or a judge.”

READ ALSO: Pieter Omtzigt replies to Yorgen Fenech complaint, ‘I’m not a judge in anyone’s case’