Yorgen Fenech had ordered cyanide powder, two hand grenades, two submachine guns and hundreds of bullets in 2018, the prosecution said in arguments against granting him bail.
The information came from emails found on Fenech’s devices that showed how he paid in Bitcoin for the poison and weapons cache.
Judge Giovanni Grixti is hearing submissions by Fenech’s defence team after the magistrate’s court, for the umpteenth time, rejected a bail request.
The prosecution is objecting to Fenech being granted bail with Deputy Attorney General Philip Galea Farrugia insisting that bail should not be granted in cases where the fear of absconding and tampering with evidence exist.
Defence lawyer Charles Mercieca mentioned numerous times that Fenech has been incarcerated for 600 days and 21 months, and it is time for the conditional release to take place.
Earlier today, the AG issued the bill of indictment against Fenech, requesting life imprisonment for masterminding the murder of Daphne Caruana Galizia.
Mercieca argued in court on Wednesday that only this week bail was granted to drug kingpin Jordan Azzopardi due to the duration of the arrest of almost two years.
He added that the defence has its own interpretation as to what the leaked chats and the events that Fenech participated in, mean.
Mercieca mentioned that the day that Fenech was allegedly absconding from Malta by his boat [in November 2019], the accused was aware that the media was present at Portomaso, he informed the Valletta port of the trip, switched on the tracking system and made a phone call to the destination zone.
The defence added that at the time of the alleged departure attempt, there were no restraints that prevented Fenech from leaving the country and he was a respected man in society.
Mercieca said that upon the initial arrest, police bail was granted five times and therefore in his opinion it makes no sense to refuse it now.
The defence added that the prosecution is using Yorgen Fenech’s right to present evidence against him. “What are you waiting for if the evidence has not been preserved yet?”
Mercieca mentioned also the strict bail conditions that would apply and that Fenech’s mother is ready to guarantee that the restrictions would be observed.
He added that Fenech is recognisable all around the world and that his family and business roots are all on the island.
Prosecution objects
Deputy Attorney General Philip Galea Farrugia quoted from the law that states bail is not to be granted in cases where there are fears the accused could abscond, and that evidence could be tampered with.
In reference to the bail granted at the time of Fenech’s initial arrest in 2019, Galea Farrugia said this was granted but Fenech was not allowed to leave home and was guarded by the police.
Galea Farrugia exhibited various WhatsApp messages from Fenech in relation to the boat trip in November 2019.
He said the messages indicate that the scheduled maintenance of the boat, was due in December or January but the boat trip was on 20 November.
An exhibited message shows that Fenech’s brother was advising him on 19 November to listen to him and prepare, since time was running out.
Other messages included the mentioning of the boat trip to Sicily and for a drive trip up to France, indicating the true intention of Fenech’s attempted departure from Malta.
Galea Farrugia noted that Fenech had ordered packages of cyanide powder, two hand grenades, two submachine guns and hundreds of bullets, which were paid in Bitcoin.
These emails were from 2018, therefore after Daphne Caruana Galizia’s murder, deputy AG said.
Fenech’s mother to provide guarantee
Patricia Fenech, Yorgen Fenech’s mother, was called to the witness podium by the defence. She said that she understands the responsibility of the guarantee that she is ready to make on behalf of her son.
Patricia Fenech added that she would be providing a guarantee through her property in Portomaso and her dividends of Tumas Group. She said that Yorgen Fenech would be staying either at Portomaso or at the Żebbuġ ranch, should bail be granted.
The judge is expected to give a decree on bail at a later stage.