Yorgen Fenech’s Constitutional Case Time Put Off ‘For The Last Time’ After Procedural Error Sees Witnesses Remain Unnotified
A judge has deferred a Constitutional case filed by Daphne Caruana Galizia murder suspect Yorgen Fenech “for the last time” after an error on the part of his legal team saw witnesses due to testify in the case remain unnotified.
The case was filed by Fenech last month on the 500-day anniversary since he was first arrested.
In his application, Fenech argued that his continued detainment while still presumed innocent was based on grounds that have no basis in law.
When the parties appeared in court today, Judge Miriam Hayman pointed out that it did not appear as though witnesses who were to be brought to testify by Fenech had been notified.
The sitting was meant to see Fenech’s lawyers summon their last witnesses before concluding their evidence.
Once this happens, the defence, which in this case is the state, as well as the Caruana Galizia family, can start with their own evidence.
Asked whether they could start with their own evidence before Fenech’s lawyers concluded theirs, State Advocate Chris Soler objected, saying that he could not start bringing his evidence before all the evidence being brought by Fenech was known to him.
Lawyers representing the Caruana Galizia family expressed similar concerns.
The judge put off the sitting till July warning that this would be the last time the case was deferred.
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