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6 maltatoday | SUNDAY • 27 MARCH 2022 OPINION 2 maltatoday EXECUTIVE EDITOR KURT SANSONE ksansone@mediatoday.com.mt Letters to the Editor, MaltaToday, Vjal ir-Rihan, San Gwann SGN 9016 E-mail: dailynews@mediatoday.com.mt Letters must be concise, no pen names accepted, include full name and address maltatoday | SUNDAY • 26 JANUARY 2025 Yorgen Fenech's bail is an indictment of the criminal justice system Editorial YORGEN Fenech's release on bail after five years of detention has shocked the country because the rea- sons for which he was denied freedom all this time still subsist. Fenech is charged with masterminding the mur- der of Daphne Caruna Galizia. He is denying the charges. However, here is a man, who since 2019 has had his repeated requests for bail turned down be- cause the court feared he would tamper with evi- dence, apart from constituting a flight risk. Fenech is also a businessperson with ample fi- nancial means and with contacts beyond Malta's shores. Indeed, when he was arrested in Novem- ber 2019, Fenech had just departed from the Por- tomaso yacht marina aboard his yacht. He was stopped out at sea by an Armed Forces of Malta patrol boat and escorted back. Furthermore, evidence presented in court also shows that prior to his arrest, Fenech had dis- cussed with family members, ways and means to leave Malta. We also have to keep in mind that at the time, Fenech was being kept abreast of police investiga- tions into the murder of Daphne Caruana Galizia by the former chief of staff Keith Schembri, who is facing separate proceedings in this regard. In her ruling on Friday, Judge Edwina Grima acknowledged the risks associated with Fenech, which the prosecution forcefully put forward each time it opposed bail, still persist. But she added that the length of his preventive detention was now becoming a factor the court could no longer ignore. No date has yet been set for his trial amid ongo- ing judicial proceedings. Malta's criminal justice system functions on the premise that a person remains innocent until proven guilty and Fenech has had his liberty denied since being charged in late 2019. In the circumstances, the judge ruled that the guarantees provided by the accused – a bail de- posit of €80,000, a personal guarantee of €120,000 and a guarantee provided by his aunt through her shareholding in the Tumas Group Company – were strong enough to justify the granting of bail. Significantly, one of the conditions the judge imposed on Fenech was not to communicate in any way possible, neither through third parties, with middleman Melvin Theuma – a key prose- cution witness – and Keith Schembri. The judge also issued a protection order in favour of Carua- na Galizia's family. Nonetheless, despite the conditions imposed on Fenech, which also include a curfew between 5pm and 11am, the court's decision remains deeply disturbing. The crime Fenech is accused of had a profound impact not only on the victim's family but also the rest of society. Fenech's human rights have to be protected but in doing so a balance has to be found that also protects society's well-being and peace of mind. Fenech's release on bail creates unease. But the situation exposes once again the prob- lem of lengthy judicial processes that benefit no one. It has been five years since Fenech's arrest and more than seven years since Caruana Galizia's brutal murder. Justice has not yet been served and this is causing prolonged anguish to the victim's family; creates an injustice with the accused; and leaves society in a permanent state of anxiety. The same can be said of numerous other murder cases that remain pending before the courts. A reform is required to ensure a more efficient criminal justice system is in place – one that bal- ances the rights of the accused with those of the victim. Justice Minister Jonathan Attard had proposed such a reform in April 2023 and issued a docu- ment for public consultation. The proposal was intended to speed up the compilation of evidence stage and make the process more efficient. We have heard nothing about this reform since then. Not even the feedback received during the public consultation has been published, let alone a Bill. It seems the government has slept on it, which is disturbing when one considers the zeal and speed by which it moved forward on a Bill to restrict the way ordinary citizens can request a magisterial inquiry. Yorgen Fenech's release on bail is an indictment of the criminal justice system. Fixing it should be a priority. Quote of the Week "We are not going anywhere, and you will find us everywhere. I, for one, have fought hard to secure my place in this profession and I will continue to advocate for school environments that foster empathy, understanding and respect for all." Primary school teacher Stefan Vassallo in a letter to parents who objected to their child being taught by him because he is gay. The parents subsequently withdrew their objection. MaltaToday 10 years ago 25 January 2015 Castille fumes at Brussels's choice for Malta representative WITH Malta still reeling from a chid- ing from European Commissioner Viviane Reding and news of legal steps against its citizenship sale (page 9) the government may be set for a new clash over the imminent appointment of Joanna Dar- manin – the head of Commissioner Tonio Borg's cabinet – as the EC's head of rep- resentation in Malta. Darmanin has been the top aide to Malta's three commissioners since 2004, having started her career by the side of then Na- tionalist parliamentary secretary Joe Borg, right up to his appointment as commis- sioner in Brussels. Now undertaking the EU's 'concour' so that she secures a perma- nent posting in the European civil ser- vice, Darmanin is said to be replacing Mar- tin Bugelli as the Commission's liaison in Malta. While an official call for applications for the said post is yet to be made, the Commission's representations in member states fall under the guidance of Viviane Reding, the commissioner responsible for justice and citizenship. "There is an unspo- ken rule that the Commission consults with the government of the day over such an ap- pointment," the Office of the Prime Minis- ter told MaltaToday in an official comment. "We have evidence that this is what happened in the past, so that is what should happen today. The decision stays firmly within the Commission's remit, but we expect to be treated no differently from previous administrations and other coun- tries." The government itself learned of the 'planned' appointment through its own sources in the Commission.