Lawyers for Yorgen Fenech have asked a judge to order the Commissioner of Police to exhibit newly discovered extractions of Keith Schembri’s mobile phone in a Constitutional Case where Fenech is requesting the removal of the lead police investigator into the murder of Daphne Caruana Galizia.

The Constitutional case had seemingly run its course and was due for judgement in November, but in the application filed earlier this month, the lawyers say that the police had recently taken possession of the full extractions from Keith Schembri’s mobile phone.

“This mobile phone appears to contain information which could confirm that which the plaintiff is claiming,” reads the application, saying that the evidence is vital to his case.

The mobile data is admissible as it could not be exhibited before the plaintiff’s evidence was closed, argued the lawyers, as at the time it was thought to have been lost forever. “Today, it has emerged that this might not be true, because there is a mobile phone extraction in the possession of the police.”

Moreover, argued the lawyers, the court had already authorised the State Advocate to present evidence after the case had been put off for sentencing and so by the same measure, Yorgen Fenech should be allowed to do so too.

“The present case is not an ordinary one and does not deal with normal circumstances. The case deals with persons who were part of the highest administration of the country. It was proven that these persons tampered with evidence, worked to destroy evidence and are still working to evade justice,” argued Fenech.

It would be “manifestly wrong” that “when, in future, the truth emerges, it is seen that there was evidence which could have been brought before the Constitutional Court but was left out because of procedural obstacles.”

The lawyers asked the court to suspend the handing down of the judgment and to summon a police representative to testify about and present a copy of the extraction of Keith Schembri’s mobile phone in the acts of this case.