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MaltaToday 24 March 2021 MIDWEEK

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CONTINUED FROM PAGE 1 He further maintains that he has credible information on a theft and homicide, which involved an ex-min- ister and a sitting minister. George Degiorgio 'ic-Ciniz' simi- larly claims that he has information on the person who commissioned the murder, and the as-yet unnamed middleman. He maintains that he also has evidence on a separate homicide, specifically on the commissioner of the murder as well as the person who executed it. He says that he has further informa- tion on two bomb-related crimes that happened in recent years – crimes for which no one has been arraigned in court over. George Degiorgio is also asking for his partner Anca-Adelina Pop, ac- cused with money-laundering crimes, to be granted a presidential pardon with him. Contacted by MaltaToday, their law- yer William Cuschieri emphasised that this was first-hand direct knowledge. "This request must be treated in the same manner as any other request made in this way. Not discarded be- cause it mentions involvement of cer- tain individuals who occupy or occu- pied certain posts." The information was first leaked by Stephen Grey, the Reuters journalist who uncovered the 17-Black ownership structure linking it to Yorgen Fenech. In reaction to the request for a par- don, the Caruana Galizia family issued a statement saying that full justice can only be served if the killers receive the punishment that fits their crime. "Justice for Daphne Caruana Galizia means her murderers should not be pardoned. Past crimes should not be cashed as currency for killers to buy their way out of justice for murder," the family said. Prime minister's reaction Prime Minister Robert Abela has said a request by the two Degiorgio brothers for pardons to reveal the role of a sitting minister and a former min- ister in major crimes, will be processed in accordance with constitutional law. "I will not do the same as others and meet up with criminals in the middle of the night," Abela said, referring to the 1994 meeting between former prime minister Eddie Fenech Adami and Joseph Fenech 'il-Hafi', who was granted a pardon to reveal who com- missioned a hit on Fenech Adami's as- sistant Richard Cachia Caruana. The PM also proceeded to hit out at the Opposition Leader Bernard Grech, who said that he would grant alleged Caruana Galizia mur- der mastermind Yorgen Fenech a pardon if it meant getting to the bottom of the case. "He was cheap and immature," Abela said. "There isn't even a request for pardon from Fenech." Daphne's family insist her killers should not be pardoned George Azzopardi smiles into the lens as he sits in the police van transporting him back to prison after a Court appearance • PHOTO: James Bianchi/ MaltaToday 3 maltatoday | WEDNESDAY • 24 MARCH 2021 NEWS MATTHEW AGIUS A constitutional court has denied a request to be electronically tagged and released on bail made by Alfred and George Degiorgio, the brothers accused of the murder of journalist Daphne Caruana Gal- izia. The men have been in custody since their arrest in December 2017 and stand charged with murder and money laundering in separate proceedings. They have made several requests to be granted bail but these have been consistently opposed by the Attorney General and rejected by the Courts of Magistrates and the Criminal Court. Their lawyer William Cuschieri, argued that the State was to blame for not introducing a system of electronic tagging to enable surveillance of the ac- cused, whilst creating a balance between the inter- ests of the State, society in general and the accused. Cuschieri argued that the refusal to grant bail constituted a breach of Article 5(3) of the Euro- pean Convention on Human Rights - the right to freedom and security, as well as a breach of their right to a fair trial because the AG alone has the right to appeal a decision on bail. He had also ar- gued that such a decision was discriminatory un- der the Convention. The First Hall of the Civil Court, in its Constitu- tional jurisdiction, noted that the accused were not only accused but indicted. It noted that one of their bail requests, before magistrate Joseph Mifsud, had been upheld but overturned on appeal to the Crim- inal Court. The pair had also been granted bail in separate money laundering proceedings, but could not make use of it as they remain in custody over the Caruana Galizia murder. The AG insisted that the law cited by the men is there to prevent arbitrary arrest and that it goes on to say that a person can be remanded in custody if there is reasonable suspicion. He argued that they had been arrested upon such a reasonable suspi- cion and that their continuing detention is justified and permitted under the convention's legal frame- work. In a decision handed down earlier today, Mad- am Justice Joanne Vella Cuschieri, presiding the First Hall of the Civil Court, in its Constitutional jurisdiction observed that the applicants had made "very ample" use of the rights granted to them by law to make bail requests, although there was no right of appeal from a refusal of bail. "In fact, it emerges from the acts of the case that at least 8 re- quests were made in the acts of the homicide case, some of them filed the day after the previous appli- cation was rejected." The judge said that after examining the acts of the case and the applicable law, as well as the teachings of the European Court, she felt she must agree with the State Advocate's position on the matter. The court dismissed all the requests made by the Degiorgios, also ordering them to bear the costs of the case. Judge throws out Degiorgio brothers' electronic tagging request

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