Why is Yorgen Fenech being denied bail?

Someone signing as the Elusive Pimpernel wrote a spot-on comment on Malta Today’s blog on 28th December 2020. He states that Yorgen Fenech will never be released on bail because of fear.  I will not analyse here who is afraid; whether it’s the courts, the prosecution or the police. 

The reality is that the compilation of evidence is taking too long. It has been dragging  on for months and it would seem that the police are nowhere near closing the case from their end. Meanwhile, a person is being held behind bars and denied bail. Faced with this unusual situation, the Elusive Pimpernel comments about scenario presented in court regarding the recordings and the issue of bail. Here is what he  wrote:

Telia” is a Swedish company. Melita representative could have easily checked this information. X’medjokreta ta’ xhud [what a mediocre witness]. Since Yorgen Fenech is still presumed “innocent“, why hasn’t he been given bail? To appease the Caruana Galizia family? Accused “murderers” are given bail in Malta. Why this discrimination against this individual? I never met Yorgen Fenech, but I believe, he should be treated fairly. So far everyone seems scared stiff of this man… or of the media backlash”.

The police experts called to testify what they found on Yorgen Fenech’s phones declared they had not found anything untoward, mentioning also that one call lasted just one second! They did, however, add a very crucial point when they revealed that they could not extract much because mobile phone providers only store data for six months. We are all aware that Yorgen Fenech was arrested on November 19,2019 and the court sitting in question was held on December 28, 2020.  Therefore, in theory and based on this testimony, the telecomincation providers could only provide information six months prior to 19 November 2019, provided that the police asked these providers at the time for such data.  Is it possible that our investigative police is not aware of this factor?

Why wait till now? And if it did not know, could it have done some homework at the point of confiscating Yorgen Fenech’s phones? So why all this delay in this preliminary stage? What is baffling is why is all this hanky-panky going on. After all, there is a person in prison who is being denied bail. In these circumstances, it is clear from the evidence and the police witnesses that there is no  concrete evidence whatsoever for this person to be denied bail.

My worry is that what is happening to Yorgen Fenech could happen to any one of us. One’s right to innocence is being prejudiced in the process. In the meantime, anyone of us can be detained in prison without solid evidence to substantiate one’s guilt.

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