Issue link: https://maltatoday.uberflip.com/i/1491941
2 NEWS maltatoday | WEDNESDAY • 8 FEBRUARY 2023 2 MATTHEW AGIUS YORGEN Fenech's claim that his funda- mental rights were being breached by a freezing order over all his assets, imposed as part of the money laundering proceed- ings against him, has been dismissed in court, a judge ruling that there was no doubt that the asset freeze was justified. Fenech, who is currently being held on remand at Corradino Prison, is indict- ed in separate proceedings, accused of masterminding the murder of journalist Daphne Caruana Galizia, who was assas- sinated in a car bomb explosion outside her home in Bidnija on 16 October 2017. Fenech had been arrested in late No- vember 2019, whilst trying to leave the Portomaso marina on his yacht, the Gio, less than 24 hours after a pardon was announced for the middleman in the murder, Melvin Theuma, in return for Theuma's cooperation in the murder in- vestigation. Despite several attempts to apply for bail, Fenech remains in custody. He is also facing separate proceedings in which he is accused of money laundering. As a result of these ongoing proceedings, Fenech's assets have been frozen at the orders of the court. In a judgement handed down today in the First Hall of the Civil Court in its constitutional jurisdiction by Mr. Justice Grazio Mercieca, the judge noted that Fenech had failed to use the several rem- edies which were available to him under ordinary law and had instead opted to im- mediately file constitutional proceedings. The court sought to ascertain whether or not the freezing order had been im- posed for legitimate aims and whether or not it was disproportionate. The order's legitimacy was immediate- ly confirmed by the judge, who observed that the proceeds of a crime need not be derived directly from it and could be any derivative economic or other benefit. "The constant suspicion in the investiga- tion into the Caruana Galizia murder was that the motive was that she be eliminat- ed before she revealed a story about cor- ruption relating to the Electrogas project in which the applicant was involved." On the issue of proportionality, the judge noted that although no evidence about the applicant's assets had been ex- hibited in the case, it was a well known fact that Fenech was one of the wealthiest people in Malta and owned many legiti- mate businesses. "Therefore, in the opinion of this court, both the assets acquired before the Elec- trogas project could have been connect- ed, directly or indirectly with the crimes he is charged with and therefore should be subjected to the freezing order. Assets acquired later should be assessed on their own merits." Fenech had chosen not to request the revocation of the freezing order within the time period stipulated by the Crimi- nal Code, and his argument that there was no possibility of financial gain from the crime of murder could have been made to the Criminal Court, independently from any evidence. Besides this, Fenech had also not used the option of requesting a reduction in the amount frozen under the order. The assets which Fenech had inherited had in fact been excluded from the freezing or- der, said the judge, pointing out that only the Criminal Court could order such a reduction. Rejecting all of Fenech's requests, the court directed him to first use the ordi- nary remedies which it had mentioned so that the suggested proportionality criteria could be satisfied. Lawyers Charlene Camilleri Zarb and Maurizio Cordina represented the State Advocate in the proceedings. Lawyer Charles Mercieca assisted Yorgen Fenech. Judge dismisses Yorgen Fenech's claim that freezing order breached his fundamental human rights Degiorgio brothers guilty of money laundering, jailed for four years Yorgen Fenech claimed his fundamental rights were being breached by a freezing order over all his assets, imposed as part of the money laundering proceedings against him CONTINUED FROM PAGE 1 Anca Adelina Pop, George De- giorgio's Romanian wife was ac- quitted of all charges. The Degiorgio brothers were each jailed for 40 years last year after admitting to having mur- dered journalist Daphne Caru- ana Galizia at the start of their trial by jury. Some 63 witnesses testified during the course of the money laundering proceedings. In a meticulously researched 91-page judgement, Magistrate Joe Mifsud conducted a detailed examination of the way money laundering is dealt with under Maltese law and legal doctrines established in other jurisdic- tions. Money laundering is dealt with differently to other crimes, ex- plained the magistrate. Silence on the part of the accused is not a defence against such charges, as the law places the onus on them to prove the legitimacy of the origins of their wealth. Between them the brothers owned several luxury cars: a Mercedes, an Audi and a Cor- vette, as well as two boats: the Maya and the Ducu. The court noted that between 2009 and 2019 Alfred Degiorgio had gambled some €600,000 in three separate casinos in Mal- ta, but had declared no income. Between 2002 and 2018 he had received €20,596.95 in social benefits. No companies were registered in his name. With regards to George De- giorgio, it was observed that he was last registered as employed in 1982. Despite this, he held bank accounts with major banks and would pay his two chil- dren's school fees. He had pur- chased the boat Maya in 2017 for €30,000 and had paid in cash. The vessel was registered in Al- fred's Degiorgio name. George Degiorgio owned an- other boat, the Ducu, as well as an Audi A4. A Mitsubishi L200 and BMW360D had been regis- tered in his name between 2013 and 2016. A Corvette C7 convertible was effectively in George's control despite being in Pop's name. Between 2002 and 2018, he had received €104,600 in social ben- efits. He was not registered as a taxpayer and had no VAT num- ber. The court noted that, unlike the other two defendants, Pop had exhibited clear evidence of the provenance of her wealth. She had received a €35,000 divorce settlement from her ex-husband and would also receive alimony. The purchase of her Audi A4 had mostly been financed by her father, who continued to provide his daughter with financial assis- tance, particularly from 2016 to date, observed the magistrate. The magistrate said he could not serenely arrive at the same conclusion as that reached for the other two defendants, and acquitted her of the charges. The Degiorgio brothers were convicted of both charges. The recidivism conviction prevent- ed the court from imposing the minimum punishment, said the magistrate, jailing them for four years imprisonment and impos- ing a €25,000 fine on both of them. The court also ordered the confiscation of the luxury cars and boats they owned and or- dered the brothers to suffer the costs of the case. The brothers are understood to intend to appeal the judgement Lawyer Noel Bianco assisted the Degiorgio brothers. Lawyer Roberto Montalto represented Pop. Inspector Lianne Bonello pros- ecuted. The Corvette used by George Degiorgio, which was attested to his wife's name Yorgen Fenech