Judge To Decide On Yorgen Fenech Bail Request From Chambers As Timing Of Bill Of Indictment Is Questioned
Judge Giovanni Grixti will decree on a request for bail by Yorgen Fenech after hearing submissions from his lawyers and the Attorney General this morning.
During the sitting deputy Attorney General Philip Galea Farrugia ran the court through a series of WhatsApp and email exchanges Fenech had had with various individuals, which he said clearly showed he was planning to escape.
They also showed that he had attempted to purchase several weapons, including cyanide, grenades and Uzi machine guns with some 800 rounds of ammunition.
Galea Farrugia was replying to submissions by Fenech’s lawyers, who argued with the court that with proceedings against Fenech at an advanced stage, all the conditions for him to be granted bail were satisfied.
They dismissed fears that Fenech could escape or tamper with evidence, insisting that he had always cooperated with the police over the course of investigations.
The sitting also saw Fenech’s mother, Patricia, testify that she was willing to act as guarantor for Fenech. She said she understood that this meant she was obliged to report Fenech should he breach any of his bail conditions and that failure to do so would constitute a criminal offence.
Galea Farrugia read out to the court a number of messages between Fenech and members of his family clearly indicating that Fenech’s decision to leave the country in November 2019 was taken suddenly and that precautions were being taken to ensure that Fenech could not be traced.
In their latest bail application, filed on Monday, Fenech’s lawyers also cited a legal provision requiring that the accused be released on bail if the compilation of evidence against them runs longer than 20 months – the amount of time Fenech has so far spent behind bars.
While the law also says that this 20-month countdown is suspended whenever the acts of the case at in the Attorney General’s possession, it would appear that the prosecution was not willing to take any chances.
Just before the sitting started, news broke that the Attorney General had filed a Bill of Indictment against Fenech for him to stand trial.
What is a Bill of Indictment?
A Bill of Indictment is a legal document through which a person is formally called to trial before a criminal court and accused of having committed specific crimes. It is filed after the courts have heard the evidence brought against the accused.
Under Malta’s legal system, when one is accused of committing a crime, the Court of Magistrates acting as a court of criminal inquiry first hears the evidence against the accused.
During this stage, the court is simply there to preserve evidence and hear witnesses.
Then, on the basis of the evidence brought before the court, the Attorney General will issue a Bill of Indictment for the accused to stand trial before the Criminal Court.
According to Maltese law, unless suspects are served with a Bill of Indictment within 20 months of being charged, they are automatically released on bail.
Timing of Bill of Indictment Questioned
Lawyer Charles Mercieca, acting on Fenech’s behalf, also questioned the timing of the Attorney General filing a Bill of Indictment minutes before the sitting was due to start.
The lawyer noted that Fenech had made several requests to cross-examine witnesses and be granted certain evidence during the compilation of evidence stage, adding that Fenech had now been denied these rights.
He said it was clear that the Attorney General’s office’s only intention was to ensure that Fenech was not allowed to leave prison.
It is unclear what happens next with Fenech’s bail request, given that a Bill of Indictment has been filed.
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