Magistrate Rachel Montebello has called on the police to investigate the source of leaks from murder suspect Yorgen Fenech’s phone.
Following a request from Fenech’s lawyers, the magistrate said in a decree that certain messages and photos published by Times of Malta in recent weeks could only have originated from the murder suspect’s phone.
Earlier this month, Times even published a selfie of Fenech and Cuschieri sticking their tongues out while on the murder suspect’s yacht. Fenech’s lawyers Gianluca Caruana Curran, Charles Mercieca and Marion Camilleri argued that photo could only be found on Fenech’s phone.
Magistrate Montebello warned the stories made clear reference to data found in Fenech’s phone, which was in breach of a ban she had ordered when the data was presented last November.
She said that the frequency of the publications was a matter of “serious concern” and that their leakage “undoubtedly” prejudices court proceedings.
Only a few people legally have access to Fenech’s phone data – the defence lawyers themselves, the police, and lawyers Jason Azzopardi and Therese Comodini Cachia, who are representing Daphne Caruana Galizia’s family.
She told police to investigate who leaked the data and to take necessary action against the leakers, and ordered the Court Registrar to institute contempt of court proceedings against the Times of Malta journalist who published them.