Issue link: https://maltatoday.uberflip.com/i/1086539
NEWS maltatoday | WEDNESDAY • 27 FEBRUARY 2019 2 The lawyers of Alfred De- giorgio, one of three men ac- cused of the murder of Daph- ne Caruana Galizia, have again filed a constitutional case claiming a breach of the right to a fair hearing over the ap- pointment of court expert Martin Bajada. In January a judge cleared Bajada to continue his work in both the magisterial inquiry and the compilation of evi- dence relating to the murder of Daphne Caruana Galizia. Mr Justice Silvio Meli gave the ruling in the Constitution- al case filed in March 2018, by Alfred Degiorgio. Degiorgio's lawyers argued that Bajada's appointment to the case vio- lated their client's fundamen- tal human rights. Bajada is a highly-regarded IT and mobile phone expert who continues to enjoy the trust of several members of Malta's judiciary. He was con- victed of theft and fraud back in 1993 and this had been suc- cessfully used to challenge his appointments in the past. The expert regained his standing in January 2017 when the Court of Appeal, in Police vs Frank- lin Gauci, presided by Madam Justice Edwina Grima had dif- ferentiated between situations where the expert is appointed to carry out work that had subjective elements and ones where experts are simply there to confirm objective facts like call profiles. The court had held that in the latter situation, there was no basis for the sub- stitution of Bajada. This position was confirmed in March 2017 by another sen- tence by the superior Court of Appeal in Republic vs Borus. In that case, the superior court of appeal had been presided by the same judge who had decided Chetcuti Bonavita vs Fenech Adami et, the first case which had ordered the remov- al of Bajada from the case due to his UK conviction for hav- ing falsified a signature. Mr Justice Meli made nu- merous references to case law to highlight that in the circum- stances there was no danger to Degiorgio's human rights, dis- missing the application. Degiorgio's lawyers had also objected to the fact that for- eign experts had been working in tandem with Bajada, in the compilation of evidence for the criminal case. Bajada had been appointed by the inquiring magistrate the day after the journalist's assas- sination on 16 October 2017. His work was crucial in leading the police to arrest 10 suspects and the subsequent arraign- ment of three of them: Degior- gio and his brother George, and Vince Muscat. Degiorgio attempts new constitutional case CONTINUED FROM PAGE 1 The documents include a number of transcripts of phone conversations between people believed to be key players in the network. One of the central figures is Khalid Mouslim, a Moroccan national associated with the companies Pescnort Mar SL and Marfishval SL. "The participation of Khalid Mouslim is essential in the pro- cess of acquisition of the fish, as well as their sale and distribu- tion in our country," the inves- tigators say, adding that he is "essential" in the falsification of documents. Shipments of tuna would be received at "Ship B" berthed in Beniparrell, before being dis- tributed to different locations around the country. Mouslin, is described as the "lieutenant" of Carlos Fernan- dez, the man behind the com- panies Pescnort Mar SL and Marfishval SL. Both companies are believed to have imported illegally caught tuna into Spain invoicing each other more than €23 million. According to the investigators, the Maltese company Malta Fishing Farm is a source of the tuna being distributed by com- panies associated with Mouslim. The documents name Giovan- ni Ellul, the CEO of Malta Fish Farming as being the point of contact for the illicit trade. "Khalid calls Carlos and tells him that he has been talking to Giovanni Ellul and that there is no way to share a truck, that they have been able to sell the difference and that there were 18 tons, which will make him 45 pieces (Blue Fin Tuna)," reads another excerpt. The documents show Span- ish investigators tacking one particular shipment from Malta Fish Farming, showing how with the highest quality tuna was flown in through Madrid's main airport. "The repeated delivery of the goods in the ship B managed by Khalid Mouslim in Beniparrell (Valencia) by the logistics com- pany Express Trailers Limited is repeatedly observed," the docu- ments say. Express Trailers, the investiga- tors say, is linked to Giovanni El- lul, "the individual who manages the sale of Blue Fin tuna from the companies Melita Blue Sea and MFF Ltd". It is unclear whether there is any implication of wrong doing. Contacted by El Confidencial, Saviour Ellul, Giovanni's father, categorically denied ever being involved in the smuggling of il- legal fish from Malta to Spain. Earlier this month, the news- paper published transcripts of conversations between the now suspended director general of the Maltese Fisheries Depart- ment and the king of Spanish blue fin tuna operators, José Fuentes García. Pages extracted from the Spanish investigators' document Documents name Maltese company's CEO as point of contact for illicit tuna trade