Pre-trial survey on Yorgen Fenech case raises juror concerns in Malta
A phone survey on the Fenech murder trial, commissioned weeks before proceedings began, prompted fears that potential jurors had been contacted. Judge Grima found no grounds for criminal action.
Phone poll on Daphne murder case draws court scrutiny weeks before Fenech trial
Pollster Vince Marmarà appeared before Judge Edwina Grima after a survey linked to the Yorgen Fenech murder trial was conducted just weeks before proceedings commenced, Lovin Malta reports.
The survey was commissioned by Ray Fenech, uncle of the accused, and put questions to a randomly selected sample of 500 people. Topics covered included Yorgen Fenech himself, the assassination of journalist Daphne Caruana Galizia, the police investigation, and Malta's judicial system.
According to Times of Malta, the questions were reviewed by one of Fenech's defence lawyers. Respondents were asked whether they believed Fenech had ordered the killing, whether the mastermind had been apprehended, and what they thought of the presidential pardon granted to self-confessed middleman Melvin Theuma.
The timing drew immediate concern: the list of prospective jurors had already been published when the polling took place. Investigators traced the telephone number used in the survey back to Marmarà, raising fears that future jurors may have been amongst those contacted.
Judge Grima reportedly rebuked the defence team both for the survey's timing and for failing to disclose that it had taken place. She nonetheless concluded there were no grounds for criminal proceedings.
Marmarà maintained that he was never arrested and had cooperated fully with authorities and the court. He described the research as a legitimate exercise in gauging public perceptions of legal proceedings, noting that comparable surveys are conducted in other countries. He added that telephone numbers were randomly generated and that the work was carried out independently, in line with professional and ethical standards.
The June poll was the third of its kind, following earlier surveys conducted in 2021 and 2023. The defence argued that the research was designed to determine whether Fenech had been exposed to prejudicial publicity ahead of trial, and denied any intention to influence prospective jurors.
Lawyer Jason Azzopardi, who represented the Caruana Galizia family as partie civile, said he was the first to alert the court. On 4 June, a person contacted him claiming to have received a survey call about the Fenech trial. Azzopardi then made a public appeal for others who had taken similar calls to come forward; around 50 people responded. He added that the court ordered the telephone survey to cease approximately three weeks before the trial began.
Yorgen Fenech was ultimately acquitted by a jury of complicity in the murder of Daphne Caruana Galizia earlier this week.
Source: Lovin Malta