Yesterday, the Sunday Times published an article listing all the points reported by Yorgen Fenech’s advocates to magistrate Montebello because, in the opinion of his defence team, these articles now re-published in the Sunday Times of Malta are in contempt of court. All the material published was retrieved from Yorgen Fenech’s personal phone. Readers should, however, bear in mind that Fenech’s mobile phone has long been seized by the police and its contents presented in Court as evidence.
Rightly so, the magistrate stated that none of this material should be divulged to the public. Yet, despite this court order, this newspaper has once again opted to divulge chats from Fenech’s phone by republishing them again in the form of an article. Yet what is not being stated is the fact that all this information, which should not have been published by a court order, was passed on to the newspaper either by the police or the parte civile.
The Times argues that this material has nothing to do with the ongoing court proceedings against Yorgen Fenech regarding Daphne Caruana Galizia’s assassination. This may be correct. But the fact remains that there is a ban imposed by our law courts on this material and Allied Newspapers Ltd arbitrarily chooses to run roughshod over the Magistrate in question. The rule of law does not apply in their case! Every Sunday over the last few weeks, the paper has taken to digging up snippets so as to keep Fenech in the limelight. But to what purpose I ask? What malice hides behind these tactics? Who is the newspaper trying to protect at the expense of someone else?
By the same token, we have Daphne Caruana Galizia’s laptop that was never recovered by the police. Was this an oversight? This laptop has material that, according to Yorgen Fenech’s lawyers, can prove that their client is innocent. Why then has the Times’ not made an attempt to gain access to this material too? Lest we forget, Matthew Caruana Galizia has access to this laptop since he produced and exhibited emails during one of the court sittings regarding his mother’s murder. So why was Daphne Caruana Galizia laptop not taken in by the police when they should have done so? Had they done so, it is more than likely that a totally different scenario would unfold and unravel this murder.
As observed by one of my readers, thanks to Magistrate Montebello’s “walking on eggs” approach and handling the Times of Malta with kid gloves has allowed the Times to become more brazen in its reporting as is evident from this latest article:
While, in theory, the Times’ may not be breaking the Magistrate’s order, it has in fact made a fool of her. It is now clear, that the magistrate stepped into a pair of shoes that do not fit her comfortably.