The Malta Independent on Sunday published an article about Yorgen Fenech’s case which is worth analyzing. It is a well written and balanced article. Here the Malta Independent sought legal advice from a seasoned criminal lawyer regarding Julian Hofstra’s recordings. It has now become clear that these recordings are becoming central to confirm the credibility or not of the prosecution’s main witness, Melvin Theuma.
The newspaper did not mince its words. As things are turning out, these recordings can jeopardise the whole case against Yorgen Fenech. In other words, Yorgen Fenech will not be found guilty and the nation will learn that this man was kept for over a year in prison for a crime that he never committed.
The Malta Independent on Sunday makes it a point to ask whether the local police can ask for a copy of these recordings through the issue of an international warrant. The Malta independent reports and I quote:
“it is unclear whether the police have issued a warrant to obtain the recordings. Legal sources explained that the Dutchman would have to hand the recordings over if he was faced with a warrant.”
I have my doubts whether Julian Hofstra is obliged to hand over the recordings to the local police irrespective of an international warrant. Besides, before issuing such a warrant, the local police need to prove that these recordings are still in Hofstra’s possession! Secondly, even if they are in his possession, I am not so sure whether Hofstra is legally bound to hand them in, given that such evidence could be used against him. What they can issue is a warrant of arrest but this will lead to no where. It is inconceivable that the Dutch police will carry out a search on Hofstra, who is currently serving his time in prison. I am saying this to show that it is not easy for the police to obtain these recordings. With their actions and behaviour, the Police have even made it worse for them to be trusted by Hofstra’s defence lawyers. But there is more to this news item.
The Malta Independent on Sunday revealed that Melvin Theuma was paying Hofstra 2000 euros for each and every email that Hofstra sent to Yorgen Fenech in an attempt to try and hack Yorgen Fenech’s email accounts through phishing. But the question that needs to be asked here is: from where was Melvin Thuema getting all this money to be able to pay 2000 euros for each and every email that Hofstra sent to Fenech? How much money was Hofstra paid? Can a witness for the prosecution, who had access to all this money, be considered credible?
It is now becoming apparent from this newspaper article that Yorgen Fenech has been framed. In terms of information, what is coming out is that we are just at the beginning. I wish to remind readers what the seasoned journalist, Godfrey Grima, wrote on my Facebook page on Saturday, 23rd January 2021. He asked with whom was Daphne Caruana Galizia corresponding, even up to an hour before she was assassinated?