Matthew Vella
Yorgen Fenech challenge over ‘illegal detention’ thrown out by the courts
The Court of Magistrates has thrown out the request, seeing that his release for a stretch of 22 hours made his release from arrest effective in terms of the law.
30 November 2019, 12:06pm
Matthew Agius
Matthew Agius
Yorgen Fenech
Yorgen Fenech was back in the law courts today, in a protest arguing that his detention by police was illegal.
The Court of Magistrates has thrown out the request, seeing that his release for a stretch of 22 hours made his release from arrest effective in terms of the law.
13:21 The court, considering that Fenech was given 22 hours of freedom, said his release had indeed been effective, and has rejected Fenech's request.
Matthew Vella
Matthew Vella
13:20 The sitting resumes.
Matthew Vella
Matthew Vella
12:44 The magistrate has retired to chambers to deliberate.
Matthew Vella
Matthew Vella
12:44 Arnaud says the formal interrogation was just 1.25 hours.
Matthew Vella
Matthew Vella
12:43 Arnaud: After the first two statements there was the pardon for Theuma, after which he was spoken to twice more.
Matthew Vella
Matthew Vella
12:41 Arnaud says that Fenech endured six and a half hours, along with an informal interview he released, in terms of interrogation time. “Every time he was spoken to, he said he had more to add.”
Matthew Vella
Matthew Vella
12:36 Arnaud: Fenech was spoken to and released on the 21st November because his arrest was going to lapse; then arrested again on the 22nd at 6:30am, and released before the 48 hours were up. On the 23rd he was arrested at 1250pm and taken to hospital later that day, on police bail. Other details of the release dates are given.. There was no break of five hours, he says.
Matthew Vella
Matthew Vella
12:33 Inspector Keith Arnaud takes the stand, denying that Fenech was released ‘for just four hours’ as alleged by his lawyer.
Matthew Vella
Matthew Vella
12:32 AG: The release means the person has freedom to go where they want, speak to whoever for any duration
Matthew Vella
Matthew Vella
12:29 AG says the accused was given a 22-hour break in his interrogation.
Matthew Vella
Matthew Vella
12:28 “We are saying Fenech’s detention is illegal because the release was not effective.”
Matthew Vella
Matthew Vella
12:27 Fenech defence: “It’s no joke, he’s being accused of homicide. The investigation took two years because of certain people being arraigned. There is more than enough proof for Keith Schembri to be arraigned.”
Matthew Vella
Matthew Vella
12:23 Fenech’s defence asking the court to inspect the police records of the man's detention and release.
Matthew Vella
Matthew Vella
12:22 Yorgen Fenech was released 11am and then returned voluntarily under police bail. His lawyers insist his release had not been effective over the past 11 days, because it was very short - less than 24 hours. “We are saying his detention is illegal.”
Matthew Vella
Matthew Vella
12:19 AG: “Conveniently the defence stopped reading Article 409(a) before reaching the part where it speaks of requesting release from actual custody.”
Matthew Vella
Matthew Vella
12:16 “My worry is that the police are in a hurry… this is a serious case of homicide,” Camilleri said. But Galea Farrugia (AG’s office) interrupts, saying the court had to first see whether it had the authority to hear the request.
Matthew Vella
Matthew Vella
12:14 Camilleri says Fenech’s release was not ‘manifest and effective’, while the AG’s lawyer says the law applies to detained persons, but that Fenech’s protest was filed today before was re-arrested this morning.
Matthew Vella
Matthew Vella
12:12 Defence counsel for Yorgen Fenech, Marion Camilleri, says her client was given police bail at 11am, and was yesterday summoned to the depot at 9pm. “He has been coming and going, being arrested and released for 11 days.”
Matthew Vella
Matthew Vella
12:10 Looks like the subject matter of the court sitting is illegal custody by the police.
Matthew Vella
Matthew Vella
12:10 Also present are Philip Galea Farrugia and Nadia Attard from the Attorney General’s office.
Matthew Vella
Matthew Vella
12:09 Present are inspectors Keith Arnaud and Kurt Zahra.
Matthew Vella
Matthew Vella
12:08 We are live at the law courts were Yorgen Fenech has walked in to the courtroom.
Matthew Vella
Matthew Vella
Matthew Agius was Senior Reporter on Law and Court Affairs at MaltaToday from 2014 to 2024...
