Yorgen Fenech’s long road to bail

The alleged mastermind behind the assassination of journalist Daphne Caruana Galizia was granted bail on Friday, 24 January, more than five years after his arrest. 

The court decision drew the criticism of many, including Daphne Caruana Galizia’s family, NGOs and the Nationalist Party. 

Fenech was arrested on his yacht as it departed the Portomaso marina on 20 November 2019. The compilation of evidence against him has been going on since then and he is now awaiting trial. He denies the charges. But how did we get here? 

17 Black and Daphne’s murder  

It all started almost eight years ago in February 2017, when Daphne Caruana Galizia published a cryptic post on her blog, Running Commentary, titled ‘17 Black – the name of a company incorporated in Dubai’, and a photo montage of Keith Schembri, John Dalli, Joseph Muscat and Konrad Mizzi with the words ’17 Black – Dubai’ emblazoned beneath them. 

It was later in the comments section of the same blog post that Caruana Galizia also mentioned Yorgen Fenech when replying to an observation made by one of her readers.  

Today, the comment that triggered Caruana Galizia to mention Fenech is no longer available since it was deleted. What we are left with is her reply: “A couple of the owners of their magic new corruption power station: and it’s Yorgen Fenech. So, thanks for this, because it really figures.” 

Eight months later, on 16 October 2017, Daphne Caruana Galizia was murdered outside her Bidnija home by a powerful car bomb.  

On 4 December 2017, 10 individuals were arrested in connection with the murder, and three – Vince Muscat, and brothers George Degiorgio and Alfred Degiorgio, were later charged with executing the car bomb attack. 

In February 2021, Muscat was sentenced to 15 years in prison after admitting guilt and securing a plea bargain deal to provide information that could be used to prosecute third parties.  

The Degiorgio brothers were handed a 40-year sentence in 2022 after pleading guilty to the murder charges. 

But it was in November 2018, a full year before his arrest, that a Reuters and Times of Malta investigation named Tumas Group shareholder and CEO Yorgen Fenech as the owner of 17 Black. 

The revelation was damning because it provided a direct link between one of the owners of the new gas power station – Fenech not only owned shares in the Electrogas consortium but was also its primary interlocutor with government – and two of the most powerful men in government at the time – energy minister Konrad Mizzi and OPM chief of staff Keith Schembri. 

Just days ago, a magistrate concluded the 17 Black inquiry recommending criminal action against Keith Schembri, Konrad Mizzi, Yorgen Fenech, Paul Apap Bologna and Mario Pullicino

The gas power station project had been piloted by Mizzi and was a central plank in the PL’s 2013 electoral manifesto because it allowed the government to shift electricity production to cleaner gas and lower electricity prices. 

On 20 November 2019, Yorgen Fenech was arrested aboard his yacht as a person of interest in the Caruana Galizia murder investigation. 

The arrest led to a chain of events which would eventually see leading government figures resign, including then prime minister Joseph Muscat. 

Melvin Theuma and his recordings  

Less than 24 hours before Fenech was arrested, former prime minister Joseph Muscat had confirmed that he recommended a pardon for murder middleman Melvin Theuma.  

A taxi driver from Birkirkara who was previously implicated in loan sharking, Theuma was granted the pardon in exchange for providing evidence about the murder plot.  

Self-confessed murder middleman, Melvin Theuma

The evidence submitted in court includes a set of secretly recorded conversations with various individuals, including Yorgen Fenech. Theuma claimed he made the recordings as a form of insurance to protect himself in case he was implicated or targeted. 

He told a court he feared betrayal by those involved in the plot and sought to have evidence that could expose the network behind the murder.  

The recordings contain conversations that allegedly implicate Yorgen Fenech in financing and orchestrating the murder. 

They include discussions about payments to the hitmen, details of the murder plot, and attempts to cover up the crime. He also recorded conversations about fears of being exposed and efforts to manage the fallout after the murder. 

In the recordings, Fenech is allegedly heard discussing details that tie him to the plot, such as payments. Fenech’s defence team has attempted to challenge the authenticity and interpretation of the recordings, suggesting that they may be incomplete or taken out of context.  

During court appearances, Theuma frequently broke down and described himself as remorseful and haunted by his role in the crime. He claimed he feared for his own safety both before and after the murder, which motivated him to document the conspiracy. 

In July 2020, he attempted suicide at his home, sustaining serious injuries, including a slashed neck and stab wounds to the abdomen. He survived the attempt, and the police investigation ruled out foul play. 

Proceedings play out in court  

The compilation of evidence against Yorgen Fenech saw Europol experts testify on their analysis of the digital data extracted from electronic devices, including belonging to Fenech and other suspects. 

During the compilation of evidence, the prosecution asserted that Fenech was a central figure in orchestrating Caruana Galizia's assassination. They highlighted his ownership of the Dubai-based company 17 Black, which was under investigation by Caruana Galizia for alleged financial misconduct. 

Prosecutors also presented evidence of communications between Fenech and key individuals, including former government officials. These communications were used to suggest Fenech's involvement in the planning and execution of the murder. 

Fenech’s legal team has challenged the admissibility and integrity of the digital evidence, scrutinising the procedures used by experts in data extraction and analysis. They repeatedly emphasised potential procedural flaws and the possibility of data contamination.  

They also questioned the reliability of key witnesses, particularly Melvin Theuma, arguing Theuma's testimony was inconsistent and motivated by self-preservation. 

The lawyers also argued that some expert testimonies were not adequately preserved during the initial compilation of evidence, leading to calls for the proceedings to be reopened to hear specific witnesses. 

Fenech’s multiple bail requests  

Before being granted bail, Yorgen Fenech’s legal team filed at least 18 requests for bail.  

In the latest request filed in January lawyers argued he must be freed because more than 30 months had elapsed since a bill of indictment against him was issued. 

Article 575 of the Criminal Code states that where a case is to be decided by trial and the crime is liable to imprisonment for a term exceeding 15 years, bail “shall” be granted when 30 months have lapsed from the filing of the indictment. 

Prosecutors argued the 30-month period had not and that Fenech's legal team had intentionally added witnesses into the case to stretch it out in order for him to be automatically granted bail. They strongly objected to bail, citing their concerns about Fenech fleeing the country and tampering with evidence. 

But on Friday, bail for Fenech eventually materialised and after five years in custody, he was allowed to leave prison. He will walk out of the Corradino Correctional Facility when all administrative procedures linked to his bail conditions are completed.