The Court of Criminal Appeal has upheld a request by Yorgen Fenech's defence team for more time to prepare its written submissions in response to an appeal filed by the Attorney General following his acquittal over the murder of journalist Daphne Caruana Galizia.
Fenech was acquitted of complicity in the wilful homicide of journalist Daphne Caruana Galizia by an eight-to-one jury verdict. The jurors returned the same eight-to-one verdict on the second charge, concerning association with another person or persons for the purpose of committing the crime.
Fenech's trial lasted around two months, during which jurors heard extensive testimony and evidence concerning the 2017 assassination and events surrounding it.
In an application filed before the Court of Criminal Appeal, Fenech's lawyers requested an extension to the original period allocated for filing their response.
The defence explained that the time available to prepare its submissions had been limited by tight deadlines, compounded by the fact that members of the legal team had been abroad.
The court, composed of Chief Justice Mark Chetcuti and Judges Josette Demicoli and Doreen Clark, accepted the request and granted a further 10 days beyond the original deadline.
The Attorney General formally filed the appeal on 22 September.
The Attorney General is challenging Fenech's acquittal on the grounds of alleged serious irregularities during the trial that may have influenced the jury's verdict.
The appeal focuses on points of law arising from decisions taken by Judge Edwina Grima, which the prosecution argues involved the incorrect interpretation or application of legal principles.
The appeal also follows a separate police investigation involving several jurors, who were arrested and questioned over possible breaches relating to their oath and alleged public comments made before the trial. They were subsequently released on police bail.
Should the Court of Criminal Appeal uphold the Attorney General's appeal, it may order a fresh trial before a newly appointed jury if the interests of justice require it. Alternatively, the court may dismiss the appeal and leave the acquittal intact, even if it identifies legal errors that did not result in a miscarriage of justice.
The appeal will be heard by the Court of Criminal Appeal, composed of three judges.