Magistrate rejects Yorgen Fenech’s request for constitutional reference on evidence withholding claims

In a decree handed down yesterday afternoon over a court application filed by Yorgen Fenech’s defence team, Magistrate Rachel Montebello rejected a request for a constitutional reference after Fenech claimed that his rights were breached because evidence was withheld.

The magistrate ruled that the Attorney General had a duty to collect all evidence, in favour and against the accused and pass this on to the inquiring magistrate.

She said nothing prevented the defence from presenting any evidence they deemed fit.

In the same sitting, as the compilation of evidence against Fenech continued, his lawyer argued in court that radio comments by Jason Azzopardi were prejudicial to his client’s right to the presumption of innocence.

Charles Mercieca said Azzopardi, who is appearing as parte civile lawyer for the family of Daphne Caruana Galizia in criminal proceedings against Fenech, had a double responsibility to safeguard the legal principle at stake.

“Everyone in society has a duty to maintain the presumption of innocence, from the smallest to the biggest. If we lose the presumption of innocence, we forget what rule of law is,” Mercieca argued.

Fenech’s defence filed a court application last week seeking a remedy following comments that Azzopardi made during an interview on 103FM, which was also broadcast on Newsbook. The defence claimed that Azzopardi attributed guilt to their client.

During yesterday’s compilation of evidence against Fenech, the court dealt with the application filed by the defence. A decree will be given in another sitting.

Mercieca argued that people in Azzopardi’s position had a higher degree of responsibility to shoulder.

“Azzopardi has a double responsibility – Azzopardi is shadow minister, he wears two hats, one of the parte civile and another, where he sees fits, as an MP… he represents a constituency, a group of people who have trusted him with their votes. He says he represents 25,000 people – these can become influenced. These are 25,000 who are eligible to even judge Yorgen Fenech in a few years. He [Azzopardi] came here saying he is not a public official, completely shirking – apart from this being an irresponsible declaration – the responsibility he was entrusted with by people with a vote,” Mercieca argued.

Azzopardi confirmed under oath that during the interview he spoke as parte civile lawyer and a “Maltese citizen.”

Parte civile lawyer Therese Comodini Cachia rubbished Mercieca’s argument, insisting that there was nothing prejudicial against his client at this stage of the proceedings and the application should be dismissed.

Magistrate Rachel Montebello will hand down a decree at a later stage.