Yorgen Fenech, the main suspect in the assassination of journalist Daphne Caruana Galizia, has been released on police bail once again, with his lawyers planning to challenge the Cabinet’s decision to reject his pardon on principles of natural justice

The lawyers argue that given the links of former Prime Minister’s Chief of Staff Kieth Schembri, and former ministers Konrad Mizzi and Chris Cardona to the case, Cabinet is acting as a judge in its own case.

The lawyers are quoting the code of organisation and civil procedure, specifically 469A, which states:

469A. (1) Saving as is otherwise provided by law, the courts of justice of civil jurisdiction may enquire into the validity of any administrative act or declare such act null, invalid or without effect only in the following cases:

(i) when such act emanates from a public authority that is not authorised to perform it;

(iii) when the administrative act constitutes an abuse of the public authority’s power in that it is done for improper purposes or on the basis of irrelevant considerations.

Ever since his initial arrest on 20th November, Fenech has been periodically released on police bail, mostly to satisfy a 48-hour arrest limit imposed in Maltese law.

The release comes a day after the Prime Minister’s former Chief of Staff was set free without charge in relation to the murder.

In the early hours of the morning, Prime Minister Joseph Muscat announced that two requests for a pardon from Fenech were rejected, once unanimously by the Cabinet.

Fenech has filed a constitutional case to remove chief homicide inspector Keith Arnaud from the murder investigation, as well as a warrant of a prohibitory injunction to restrain police from proceeding with the investigations pending the outcome of the case

He has sworn under oath that Schembri had told him that Arnaud had given him detailed updates about the case.

Meanwhile, the murder suspect has also formally requested President George Vella to intervene in his request for a pardon, warning that this request shouldn’t be ruled upon by the Prime Minister and his Cabinet when the damaging information he wants to divulge concerns people close to them.

Muscat has since held a briefing with Vella.

Besides Schembri, Fenech has also claimed to have information on former ministers Konrad Mizzi and Chris Cardona.