Issue link: https://maltatoday.uberflip.com/i/1308376
5 maltatoday | WEDNESDAY • 11 NOVEMBER 2020 NEWS Magistrate orders explanation from Jason Azzopardi on Fenech guilt implication MATT VELLA NATIONALIST MP Jason Azzopardi must explain to the court of Magistrate Rachel Montebello claims he made on Radio 103FM where he implied guilt on Tumas magnate Yorgen Fenech for the assassination of Daphne Caruana Gal- izia. Filed before Magistrate Rachel Mon- tebello on Monday, Yorgen Fenech's application includes a transcript of an exchange between Azzopardi and radio host Andrew Azzopardi. Fenech said that on 31 October, in a live broadcast, the lawyer, who is al- so parte civile for the Caruana Galizia family in the criminal proceedings, told Andrew Azzopardi that Fenech was guilty of masterminding the murder. The radio programme was also broad- cast on Facebook and was viewed by over 17,000 people, said Fenech's law- yers Gianluca Caruana Curran, Charles Mercieca and Marion Camilleri. It was clear from the acts of the pro- ceedings that the Caruana Galizia fam- ily was taking an active role in the com- pilation of evidence against Fenech, they added, pointing out that Azzopar- di is "not only one of the lawyers as- sisting the parte civile… but is also an MP… and shadow minister for justice". They alleged that this was a "clear conflict of interest". This situation, where public declara- tions were being "continuously and re- peatedly" made served to prejudice the minds of potential jurors who will be judging Fenech, said the lawyers. Azzopardi's statements went against what legislators intended to protect when they introduced Section 366C to the criminal code, they argued. The legal provision says: "As long as a suspect or accused person has not been proven guilty according to law, public statements made by public authorities and judicial decisions, other than those on guilt, shall not refer to that person as being guilty." The application requests the court to order Azzopardi to testify about what he had said on the radio and to declare a breach of section 366C, as well as pro- vide a remedy. The lawyers also asked that any simi- lar declarations be avoided in future to "somehow begin to neutralise (if even possible) the irreparable harm that is being done to [Fenech's] fundamental rights and those of the administration of justice." Fenech was arrested in November last year and charged with what police be- lieve is his involvement in commission- ing Caruana Galizia's assassination. His compilation of evidence is ongo- ing. Caruana Galizia was murdered on 16 October 2017 in a car bomb just out- side her Bidnija home. Three men - George Degiorgio, Alfred Degiorgio and Vince Muscat - were charged with carrying out the bombing in December that year. They are await- ing trial. Yorgen Fenech CONTINUED FROM PAGE 1 By the time we went to print, the reasons behind his interrogation remained unclear, and the police had not confirmed that Mizzi was questioned. MaltaToday was present outside the FCID's offices, but there was no sign of Mizzi. Mizzi has long been a controver- sial figure, having been discovered to have opened a secret company in Panama soon after being elect- ed to Parliament, together with Keith Schembri, chief of staff un- der former prime minister Joseph Muscat. Mizzi also negotiated the Vitals and Electrogas deals. He was suspended from the party earlier this year after details of the Montenegro farm deal were pub- lished by the press, but remains an independent member of parlia- ment. Reuters and Times of Malta had revealed last June that the com- pany 17 Black, owned by Tumas magnate Yorgen Fenech, made an undisclosed profit of €4.6 million when Enemalta bought the wind form project from Cifidex, with Cidifex selling it to Enemalta at an inflated price. Yorgen Fenech was also involved in the Electrogas power station project, with his company Tumas Group being a key shareholder in the consortium. Last June it was revealed that Fenech vied for a presidential pardon in return for information on the Electrogas deal, which he described as cor- rupt. Police yet to confirm Mizzi questioning The new FCID offices in Santa Venera