The first request was made upon his arrest in 2019 and the latest came last month. 

In a decree last year, the magistrate presiding over the compilation of evidence against Fenech said that the police had a duty to disclose information about Fenech to his lawyers in order for them to be in a position to mount an effective defence. 

The lawyers argue that this has not yet happened, despite the decree, adding that it was only the police that knew exactly what evidence had been gathered. 

They insist that the police are in possession of information that could help Fenech’s case and that this was being intentionally withheld. 

The law, they say, was inadequate in its current form, given that it did not allow the court to verify what material a competent authority had in its possession and therefore, whether all information about an accused person had been disclosed to them. 

An accused being in a position to contest decisions on disclosure was an essential aspect of their right to fair trial, the lawyers noted. 

They are calling on the Constitutional Court to order the police, once again, to provide them with a full list of material about Fenech gathered by the police, including anything that is no longer in the force’s possession, while also declaring a breach of Fenech’s rights. 

The application was signed by lawyers Charles Mercieca, Marion Camilleri and Gianluca Caruana Curran. 

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