Along with other media portals, Newsbook reported that the Criminal Court presided over by Chief Justice Mark Chetcuti and Judges Joseph R Micallef and Giovanni Grixti rejected another request of Yorgen Fenech to be released from custody where once again the fear of him escaping from Malta and the contamination of evidence are the main reasons for this rejection.
Yorgen Fenech stated that he brought as a witness of his reliability a psychologist adept at the Kordin Correctional Facility and made reference to the various judgments of our Courts that treated the remedy of “house arrest” as an alternative measure to preventive arrest and this given that the same Fenech declared that he is willing to remain at home pending the proceedings against him with additional surveillance and monitoring measures in case he is released from arrest. He continues to complain that nowadays there is a change in the circumstances where there is no longer the fear of interference in the trials and of escape, something that he alleges that the Attorney General Office has been relying on since the first request for the released from custody, in such a way that now he cannot understand why he is still detained.
In his request, Yorgen Fenech complained in particular about the fact that with his detention in the Kordin Correctional Facility in a preventive manner and with the measures imposed on him, he cannot prepare his defense as he deserves since he does not have access adequate for the means to be able to see the voluminous procedural acts.
Is the above the reason why Yorgen Fenech is being denied bail, even when he is asking for house arrest with additional surveillance? Can I ask the Court where does it want him to go? Is he being denied bail to keep on allowing the truth to be side-tracked by our justice system while denying him to prepare his defense?
But then, the same building with the stairs, did not think it in the same way during the trial of David Gatt, which this site has analysed.
In the beginning of the trial, in December 2010, when David Gatt was remanded in custody, Magistrate Antonio Micallef Trigona denied him bail, after a marathon sitting during which Inspector Joe Mercieca and PC Joseph Zarb testified. But then it was only two months later, exactly February 2011, and he was granted bail by the same magistrate against a person guarantee of €10,000 and a deposit of a further €10,000. Dr Gatt was also ordered to sign in at the Birkirkara police station twice a day between 8am and noon as well as between 5 and 6pm and that he had to be home daily by 10pm and not leave it before 8am.
At times, the building with the stairs does change its mind while throwing dice on a checkered floor.
Even though Gatt was accused to “have masterminded several high profile crimes” and “of complicity in the attempted hold-up at the HSBC Malta Headquarters at the end of June; the hold-up on a jeweller in Attard in early December, complicity in the attempted hold-up of a bank security van in Qormi in January; and complicity in the successful hold-up at Balzan HSBC branch in November 2007 when some €1 million were stolen”, he was still granted bail. Couldn’t he escape too?
Moreover, he was also “charged with complicity in holding people against their will and helping people wanted by the police including Fabio Psaila, Darren Debono and Vincent Muscat il-Koħħu before they were arraigned over the attempted HSBC depot hold-up”. Yet, he was still granted bail.
Magistrate Antonio Micallef Trigona must have changed idea because he was convinced of the fact that “there was nothing to prove that their client was not trustworthy” and when he “had a problem, he took the matter to court, as was the case when the courts found that he was unfairly dismissed from the police force.”
At times, the building with the stairs changes its mind while throwing dice on a checkered floor.
To add more weights on one of the weighing pans, when Gatt was granted bail by the inferior court in which his case was being heard, the Attorney General had appealed it to the Criminal Court, but the same Criminal Court, which is now denying bail to Yorgen Fenech, had at the time, turned down such an appeal. The presiding justice was Michael Mallia.
“After hearing submissions on the request for bail, the court said it did not have a reason to think that the accused was not going to observe the imposed conditions. It therefore could not deny bail.” Why doesn’t the court now think that Yorgen Fenech is not going to observe any imposed conditions shall he be granted bail?
But David Gatt was not only granted bail, but he was later acquitted by the same building with the stairs in January 2017, ten months before Daphne Caruana Galizia was murdered. Between 2011 and 2017, the period when David Gatt was out on bail, enjoying fresh air because he was deemed trustworthy, we had the planned plot to shoot Daphne in 2015, a botched plot that trustworthy David Gatt was accused of being involved in, by Vince Muscat il-Koħħu.
And, to keep on adding more weights on the weighing pan, the same Vince Muscat il-Koħħu had testified in court how the same trustworthy David Gatt:
“One time, David had told me ‘how long is it going to take you to get rid of her? The Bidnija witch’. I hadn’t spoken to him before… Gatt would make explosion noises to me, but he didn’t talk to me. I understood that the thumbs-up meant that Keith was the ‘number one’ in Malta. Gatt told me nothing but George Degiorgio told me ‘he is Kasco’s man.”
Muscat said he was following all the news being reported about the Caruana Galizia assassination. “(Lawyer and Cardona associate) Dr David Gatt would come down the Marsa den and one time we were taking a coffee, and he started making a thumbs-up sign to me. George asked me, ‘what is he doing?’, and I said, ‘how would I know?’, and then I told him, ‘Does he know about it’? And he told me, ‘do you know who told him? Keith il-Kasco’ (Keith Schembri). We had thought it was Chris Cardona but it was Keith il-Kasco.”
We also know that trustworthy David Gatt is mentioned in the Degiorgios’ press release as being involved in the crimes he was acquitted for, and yet he was granted bail.
We also know that trustworthy David Gatt is mentioned in the Degiorgios’ press release as being involved in Daphne’s murder, and yet he was granted bail.
But Yorgen Fenech is refused bail.
Lady Justice must have been busy walking back and forth between the Attorney General Office and Castille.
And on her way, she made a short temporary visit to the building with the stairs, stopping to throw dice on the checkered floor, while looking around for her blindfold.