Yorgen’s mother, Patricia Fenech speaks out for the first time about her son’s case.

Communication from Mrs. Patricia Fenech

“I have decided to use Dr Mercieca’s social media platform for the simple reason that I know he is widely read and by a mixed type of readers, in that they have different political beliefs and ideas.   These words are my own and need to be considered as such – and not those of Dr Mercieca. Please do not attack him for simply practising something which we all say that we believe in – the right to express oneself in a measured, honest and reasonable way.

I felt that I had to write and speak about a number of things that have happened over the past few days, something which I would prefer not to have to do.  This time I felt the need to do so after the latest events which have unfolded in the media and in court.  I think it is not unreasonable for people out there to understand that it is now my turn to give my version of the situation.

I have been a part of the Tumas Group by marriage for the past 50 years and there is no other way to put it – I am deeply hurt by insults and calumnies which have now gone on mercilessly and at times have been completely unjustified.  It is as if those who have some kind of contact with us become tainted with some kind of pestilence whereas before the present attack in the media on Yorgen, everyone respected us and no one had anything negative to say about us. Indeed, many people who have come into contact with the family speak only well of the family. 

One of the factors which led me to write is that my husband’s name is being bandied about when he has been dead for nearly seven years and cannot defend himself.  I have seen the name of a boat which, when it was sold, was already quite an old boat, and there was nothing illicit in the selling and buying of this boat.  If those who published this information are used to making illicit deals, then they must not judge others by their own actions. I would really like to know how they unearthed this information, how deep they dug in order to once more influence the ruling on bail, this time in the hands of Judge Griscti. I would like to know how they trawled the internet (or were there other sources?) to unearth the contract and the photo because this boat had been bought a long time before 2008. 

But perhaps the worst thing of the court sitting is that we were in court before the Judge while the office of the Attorney General published the bill of indictment in the media. And none of us in there (none of our family or lawyers that is) knew what was going on. 

Then there is the mud-throwing – almost a competition as to who can blemish Yorgen’s name the most – indeed even with lies about the buying of warfare ammunition. A Rambo kind of character my son definitely is not. Such calumnies would truly be absurd if it weren’t for the immense negative effect they are leaving on how the trial is being conducted. Apart from this, no one has seen the ammunition/weapons and it has never entered the country. But how many readers stop to think about this before accepting the words of the prosecution as fact? How many thought rationally about the impossibility of actually importing such things by means of the everyday postal service? 

I also ask how many people had access to his laptop and his mobile?  How is it that they know everything about my son’s emails?  Similar to the leaked Electrogas emails as well as various other emails. These were supposed to be in the hands of the police – could it be that…………?

However, in court nothing is admissible unless hard evidence is presented – presenting an email is not enough when its provenance is not clear and it can be verified that it is authentic beyond any doubt.  It was very easy for them to get emails from Yorgen’s emails because they took everything – and they were free to do absolutely as they pleased with them. This brings to mind the two different calls that his wife received from his mobile, one of them in the middle of the night, which she had to report to the police.  Nothing, however was done about it – wasn’t the mobile meant to be switched off? Should there have been someone tampering with it in the middle of the night?  Who was this someone – will they ever tell us? There are so many loose ends that needed to be followed and investigated and questions to be answered in this case.  But the prosecution felt that it was ready to issue the accusations even if they are well aware of these loose ends and anomalies.

And why is it that it was yesterday that the prosecution put forward so much information meant to throw a negative light on the bail request? And there is always the same absurd reason given that he will escape – to go where completely on his own? And doesn’t it stand to reason that anyone given bail can escape – that anyone can have the means to fund an escape and that anyone can find a way to make it? Is it only him that can do this – in reality, due to the media attention given to his case, he is probably the least person who can do it. It is thus that when you think rationally and coolly about the reasons given against granting bail you see that they do not hold water.

This is what leads me to say that there must be a weightier reason due to which the prosecution thinks of ways that will ensure that Yorgen is denied the rights of every human being.  Notwithstanding all this, in no way do I want to tread on the merits of the case – I am not discussing the case itself here, far from it.  It is the circumstances in which it is being held that I am putting into serious doubt here. I have always believed that there are the courts to decide and to enforce the law and I have always trusted in them as institutions even if this was the first time that I have ever stepped into a court of law. But certain manoeuvres cannot but make you think and doubt all that you have ever believed. 

Everyone seems to feel threatened, and no one can speak to express their feelings if this goes against what a certain group is saying. Everyone is afraid that this group will dish the dirt on them, spreading it and using it to damage such people or if no such thing exists, that they will find a way to harm and damage those who speak up. A case in point is what happened yesterday, with the Parte Civile lawyers writing to the Chief Justice, to bring to his attention the deal carried out 13 years ago. In reality, yesterday was the first time in my life that I had ever set eyes on this judge.

I would like to know who is behind all these underhand manoeuvres which happen every single day. What is he or they getting out of it? There are the lawyers, the courts, the magistrates and the judges carrying out the work, why are there persons trying to hinder the path of unsullied justice?

I think those who can think and see beyond the surface in this country are truly fed up of what is going on. I ask for nothing but justice – if only I could be sure that real justice, not twisted to suit someone’s purpose and intentions, that uncompromised justice is being served.  Whole families who have nothing to do with the case are being brought into the fray, apart from my husband who has been dead years now. You must really be looking for a vindication that knows no limits, revenge not justice.

I would like to thank those who have shown me immense support and I truly appreciate this. Those who will never agree with me, who might even hate me and mine, I understand. I respect the need for everyone to express their ideas – if only we can stick to the subject, leave politics aside, not engage in lies or twist facts to demonise others, especially those who have nothing to do with the case.

Thank you for the patience in reading this long post.”