Lawyers representing Yorgen Fenech have filed a judicial protest in which they argue that their client’s defence is being prejudiced by the police’s refusal to disclose key material to them.
Through the judicial protest, they have renewed calls to be provided with all the evidence against their client currently in the police’s possession, holding the police commissioner responsible for breaching Fenech’s right to a fair hearing.
Fenech was arrested in November 2019 and interrogated by the police. During these interrogations, he was only given four recordings of conversations between Fenech and self-confessed middleman Melvin Theuma.
Fenech’s lawyers at the time were aware that there were more than four recordings in the police’s possession and insisted that they be granted full disclosure of the evidence. “The police refused to do so, and today it has emerged that [Fenech] was right. At the time, the police had over 200 recordings in their possession.”
Fenech insisted that the recordings showed that he never “wanted, sought, ordered or funded Daphne Caruana Galizia’s murder”.
Fenech’s lawyers said that since their client’s arrest they had made 10 requests to be provided with crucial evidence and had been denied this in each instance.
They said the police were “irremediably” prejudicing Fenech’s right to a fair trial while ensuring that those really responsible for the murder evade justice.
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