Murder suspect’s lawyers file application to prevent publication of data related to third parties

Monique Agius

Tista' taqra bil- Malti.

Lawyers of murder suspect, Yorgen Fenech, have filed a court application requesting the court to ensure that electronic data concerning third parties who are unrelated to the case, is not divulged in public.

Fenech who was arrested in November 2019, stands charged with being an accomplice in the assassination of investigative journalist Daphne Caruana Galizia.

Fenech’s phone is set to be presented in court by Europol officers who are set to testify in the coming weeks.

During the last sitting in the gathering of evidence against Fenech, records of the murder inquiry were presented before the court. These included electronic data as well as a copy of data from Fenech’s mobile phone.

The defence team highlighted that the electronic data also included information related to third parties who are private citizens and are in no way linked to the case.

In their application, the lawyers maintained that divulging the data in public would prejudice the right to the privacy of such individuals and would not serve the interests of justice. They noted that there had already been leaks of data from Fenech’s mobile phone.

Fenech’s lawyers pointed out that a similar concern had arisen during an earlier sitting regarding mobile phones and other electronic devices belonging to Melvin Theuma, with the court upholding a suggestion to set up a data room which would allow access to all parties for the purpose of selecting that data which was relevant to the case.

Similarly, Fenech’s lawyers requested the setting up of a data room in this case and to appoint an expert who would be tasked with setting up this data room. This would be accessible by the parties in the case and would be used to select data relevant to the case, the lawyers explained.

Lawyers Marion Camilleri, Gianluca Caruana Curran, and Charles Mercieca and signed the application.