Yorgen Fenech Requests Bail 30 Months After Bill Of Indictment
Yorgen Fenech is seeking bail once again, this time arguing that he should be freed because it’s been 30 months since he was issued a bill of indictment, the Times of Malta reported.
Fenech has been held in custody since his arrest in 2019 under the suspicion of complicity in the assassination of investigative journalist Daphne Caruana Galizia.
Yesterday, Fenech’s lawyers argued that a case decided by trial and with a crime liable to an imprisonment term exceeding 15 years should be granted bail when 30 months from the filling of the indictment have passed, according to Article 575 of the Criminal Code.
It’s been 30 months and four days since the bill of indictment was issued taking into account the term of the suspension of the time limit granted by the Criminal Court.
His lawyers went on to argue that the former businessman has been in jail for five years – six and a half years in prison terms – despite being presumed innocent as per the Maltese law.
The Attorney General opposed the request, arguing in a written reply that the 30-month time limit was paused when additional witnesses testified before the Magistrates’ Court during the reopened evidence compilation.
Defense lawyer Mercieca disagreed, stating that the Criminal Court had only referred the case back to gather evidence from witnesses listed by the prosecution. The defense also argued they had not formally requested additional witnesses but had merely flagged overlooked evidence, asserting that bail is mandatory after the 30-month limit.
Prosecutor Godwin Cini countered that the defense repeatedly sought further evidence, which the law allows to suspend the time limit to prevent misuse. He also stressed that the time limit had not lapsed and cited concerns about flight risk, financial means, and potential tampering with evidence as grounds for denying bail.
Madam Justice Edwina Grima is expected to rule in chambers.
Additionally, concerns raised by the defense over alleged breaches of a court ban in certain podcasts were referred to the police commissioner for investigation, with a report due at the next hearing.