Prosecutors weighing appeal of Yorgen Fenech acquittal in Caruana Galizia case
Prosecutors are considering appealing Yorgen Fenech's acquittal over the assassination of Daphne Caruana Galizia, which could lead to a retrial.
Fenech acquittal could face legal challenge as prosecution evaluates appeal options
The prosecution is considering an appeal against Yorgen Fenech's acquittal in the assassination case of journalist Daphne Caruana Galizia, Lovin Malta reports, citing MaltaToday — a move that could ultimately result in a fresh trial.
Prosecutors are examining whether to challenge Wednesday's jury verdict on grounds relating to the jury trial process itself. Should an appeal be filed and succeed, the outcome sought would be a retrial before the Criminal Court.
Under Malta's Criminal Code, the Attorney General holds the right to appeal an acquittal, though the grounds available are more restricted than those applicable in a conviction appeal. The Court of Criminal Appeal would first need to determine whether the prosecution's arguments meet the legal threshold before any verdict could be overturned.
An appeal would not automatically reverse Fenech's acquittal or result in a finding of guilt.
Prime Minister Robert Abela confirmed on Thursday that prosecutors had a 15-day window to lodge an appeal and were still assessing their options. No appeal has yet been filed, with a final decision still pending.
Fenech walked free on Wednesday after a nine-member jury returned a not guilty verdict by eight votes to one on both charges, following a 55-day trial. He was acquitted of complicity in the wilful homicide of Caruana Galizia and of association with a person or persons for the purpose of committing a crime in Malta.
Source: Lovin Malta