Yorgen Fenech’s lawyers have hit back at a damning Council of Europe report into rule of law issues in Malta, revealing how attempts to reach author Pieter Omtzigt have been ignored.

In his report, Omtzigt made special reference to how he declined a request from Wayne Jordash QC, from Doughty Street Chambers, to discuss claims that Fenech’s right to a fair trial had been violated by prejudicial statements made by various individuals in Malta. Omtzigt said it would not be appropriate  “to discuss them with one of Fenech’s legal representatives”.

Jordash, who has made a handful of appearances inside Malta’s courts, has since issued a reply,  insisting that it is Omtzigt’s duty to protect the integrity of the trial process, and that includes Fenech.

Jordash wrote three times in May, September and finally in December, requesting that Omtzigt intervenes in some capacity to ensure Fenech’s right to a fair trial.

He described Omtzigt’s response as puzzling,  insisting that he only decided to respond to the request once he had raised the issue in the courts in November.

“Despite that, and despite your mandate  encompassing more than merely assisting the Prosecution, you took no action in the intervening six months to respond to Mr. Fenech’s urgent “rule of law” request.”

“As an international criminal lawyer with twenty years of experience in Africa, Asia and Europe, I have yet to experience a prosecution that has taken place in the midst of such a hostile and prejudicial media campaign that appears to presume guilt.”

It is therefore regrettable that, rather than take any steps during the last six months to safeguard against any potential violation to Mr. Fenech’s fair trial rights or otherwise to act except in support of the Prosecution, you instead decide ‘to go public’ with my private correspondence”

“Your betrayal of my confidence appears to have been wholly gratuitous. It serves no rule of law or public interest. It is likely to do nothing more than inflame the public discourse and attract further attacks on Mr. Fenech’s Defence team which in turn creates more of the same prejudice that you are mandated to prevent. As the Council of Europe’s Rapporteur, it is incumbent upon you to work to ensure fairness and the rule of law for all involved in the criminal proceedings.”

“This solemn obligation obliges you to not pour oil on the flames of an already inflamed situation. At a minimum, this must involve presenting the facts and the law in your public summaries concerning Mr. Fenech’s criminal proceedings and the conduct of his Defence team in an impartial and balanced way.”

Jordash also said that Omtzigt failed to paint the full picture when it came to issues involving Charles Mercieca’s move from the AG’s office and allegations over an alleged bribe between Gianluca Caruana Curran and a Times of Malta journalist.

“You chose to rely upon selective phrases taken out of context, a selection that serves no purpose other than fuelling the negative media bias against Mr Fenech. Accordingly, I would urge you to exercise more care in your role as Special Rapporteur,” he said.

You can read the full reply over here.

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