Yorgen Fenech’s lawyers are threatening legal action against anyone making “baseless allegations” about them, saying Daphne Caruana Galizia's family is refusing to accept that “it was others who were involved” in the journalist’s murder.
In an eight-paragraph statement issued on Friday and signed by ‘The Defence Team’, Fenech’s lawyers also said that jurors who acquitted Fenech of murder charges last week were being “subjected to spurious allegations of bribery”.
The statement provided no further detail about these allegations or who is making them.
“It is unacceptable that a practically unanimous verdict should be the subject of attack on the basis of malicious lies and fabrications,” Fenech’s lawyers said, saying that the attacks were intended to “cover up the weaknesses of the case of the prosecution, the inadequacy of the lawyers of the prosecution, and that of the lawyers for the victim’s family, the underlying corruption of the investigation, and the family’s inexplicable persistence in their refusal to accept that it was others who were involved in the heinous act resulting in the murder of Daphne Caruana Galizia.”
Fenech was acquitted of complicity and conspiracy in Caruana Galizia’s murder by a jury voting 8-1 last week. Prosecutors have appealed that verdict.
Fenech was legally represented throughout the trial by lawyers Giannella de Marco, Charles Mercieca and Gianluca Caruana Curran. When contacted, Mercieca confirmed that Fenech’s statement was issued on their behalf.
Much of the statement focused on what it said were accusations that the jury verdict was tainted by opinion polls that Fenech’s uncle commissioned in the run-up to the trial.
Following the verdict, Times of Malta revealed that pollster Vince Marmara was hired to gauge public perception of Fenech, Caruana Galizia and the pardon granted to self-confessed murder middleman Melvin Theuma.
Marmara’ conducted three polls for Fenech, with the most recent coming in June after a list of prospective jurors had already been published. The issue was raised in court ahead of the trial and the jurors who were selected all said, under oath, that they had not been polled for the survey.
Fenech’s lawyers noted that neither the prosecution nor the Caruana Galizia family had asked for the trial to be postponed after learning of the polls, adding that it was “incredible” to imply that the polls could have swayed the jury.
Fenech's lawyers said that following the verdict, the judge had ordered the police to investigate leads that emerged from the trial. That, they said, was thanks to their cross-examination of witnesses and submissions, which brought previously hidden or ignored facts to light.
In a response, Jason Azzopardi, parte civile lawyer for the Caruana Galizia family said that he and the prosecution had petitioned the court to draw up a fresh list of prospective jurors after learning of the survey, but the court denied that request. He also noted that the list of prospective jurors had been published in the government gazette on May 22 despite a court order not to make the names public.
Caruana Galizia family push back
Responding on Facebook, the murdered journalist's youngest son, Paul, pushed back against the lawyers' statement.
"We believe Fenech when he said, repeatedly, that he paid for my mother's murder and its attempted cover up," he said.
"His lawyers are very welcome to take legal action".
His aunt, Corinne Vella, a sister of the assassinated journalist, echoed his words and questioned "the warped thinking behind his open threat to silence his critics".
In a statement reacting to the letter, Repubblika said the acquittal does not erase the evidence heard in court - especially recordings of Fenech's police interrogation and the businessman's own testimony at the trial.
"His lawyers have every right to defend their client using every means the law provides. They have no right to expect us to be afraid and remain silent," the group said.
Repubblika mentioned its protest planned for Wednesday, September 16, which will see people gather in Valletta in solidarity with the Caruana Galizia family, with journalists, and with each other.
"Anyone who thinks they can frighten this movement into silence with threats can come and see for themselves on Wednesday," it said.
https://timesofmalta.com/article/fenech-lawyers-threaten-legal-action-baseless-allegations-persist.1134001
