The Malta Independent 4 May 2024, Saturday
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Yorgen Fenech’s legal team earn dressing down from judge after failing to summon witnesses

Wednesday, 30 June 2021, 14:20 Last update: about 4 years ago

Yorgen Fenech’s legal team earned themselves a dressing down from an annoyed judge on Wednesday after failing to subpoena any witnesses for a Constitutional case over Fenech’s repeated bail refusals.

Madam Justice Miriam Hayman was less than enthused upon finding out that there was no subpoena for the day’s sitting – meaning that the court messenger was left calling outside the courtroom for a witness who had not been summoned there.

“Look here, I’ve been handling cases since before you were born,” interrupted the judge as one of Fenech’s lawyers, Charles Mercieca, attempted to explain the problem away.

The judge asked Mercieca if he had an objection to it hearing witnesses for the other side so as not to have completely wasted the sitting. Lawyer Therese Comodini Cachia objected however, explaining that it would put her clients at a strategic disadvantage.

Today was a “wasted sitting,” observed the judge.

“Point taken,” said lawyer Marion Camilleri, after the plaintiff’s lawyers were rebuked by the judge. “You’d better take it,” shot back the judge,” because otherwise I will declare the evidence closed.”

The case in Malta’s Constitutional court concerns the repeated refusals that Fenech, accused of masterminding the murder of journalist Daphne Caruana Galizia, had faced when he had asked for bail.

It will continue on 28 July.

Lawyers Marion Camilleri, Gianluca Caruana Curran and Charles Mercieca are appearing for Yorgen Fenech.

State Advocate Chris Soler represented the government.

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