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Prosecutors accuse Yorgen Fenech’s lawyers of ‘delaying’ murder trial

By Monique Agius

Copyright timesofmalta

Prosecutors accuse Yorgen Fenech’s lawyers of 'delaying' murder trial

Prosecutors in criminal proceedings against murder suspect Yorgen Fenech have slammed last-minute applications filed by his lawyers as “delaying tactics”. Criminal proceedings against Fenech, who stands accused of complicity in the murder of journalist Daphne Caruana Galizia, resumed on Thursday morning. Madam Justice Edwina Grima pointed out that multiple applications were filed a day before the sitting, with the defence saying that it had four working days from the day it received the records. Prosecutor Anthony Vella remarked that it has become a habit of the defence to submit last-minute applications, adding that “it is a classic tactic to abuse of judicial procedure”. Attorney General lawyer Godwin Cini chimed in that the “pattern is clear”. “Had the prosecution done its job, we wouldn’t be here,” Mercieca hit back. The court intervened and skimmed through the applications, noting “we’ve already been through this.” The judge noted that “a number of issues have repeatedly been brought up when the court has already decided about them”. Timetable for trial prepared Mercieca observed that with regards to Fenech’s statement, the defence was asking for a reconsideration. “It has already been decided,” the court stated. As the lawyer continued to justify the applications, the court warned that it had already planned a timetable for the upcoming jury trial and it was not willing to move anything. “There is a crystal-clear pattern and it is consistent throughout,” Cini said, noting that the defence has been filing a raft of applications. “The prosecution has been ready for this jury but then you get four applications with pathetic requests,” Cini added. Mercieca took offence and objected to the use of the word “pathetic”. As the parties shouted at each other, the judge warned them to “stop it, or I will walk out and appoint the jury”. Cini attempted to continue making submissions, noting that before a different court, the defence first sought a postponement when it was denied, and then sought the judge’s recusal. “The defence does not want to go to the trial by jury, and I get it. Who wants to face a trial by jury when one is living in a villa with two police officers stationed outside?” Cini said. “The judicial system is being abused. We’re caught in a hamster wheel and all these applications are aimed at fuelling it,” Cini said, adding that the law provides safeguards against such attempts. “The court has to decide: either uphold the defence’s requests and remain in a never-ending game or go for the trial by jury,” Cini said. The parties then made oral submissions on the different applications filed by the defence. Madam Justice Edwina Grima presided. AG lawyers Anthony Vella, Godwin Cini and Danika Vella prosecuted. Lawyers Charles Mercieca and Gianluca Caruana Curran appeared for the accused. Lawyers Jason Azzopardi and Therese Comodini Cachia appeared for the victim’s family.