Yorgen Fenech trial: How Malta's jury system decides guilt and sentencing
Nine jurors are now deliberating on two charges against Yorgen Fenech. Times of Malta explains how Malta's jury system works and what happens next.
Nine jurors hold Fenech's fate — how Malta's jury system works
Nine jurors are deliberating in Courtroom 22 on whether the prosecution proved its case against Yorgen Fenech beyond reasonable doubt, Times of Malta reports. The panel withdrew after nearly two months of evidence and a three-day address by Madam Justice Edwina Grima.
From the moment they retire, jurors may only communicate with the court through the registrar. If any point of law requires clarification, Judge Grima must deliver that explanation in open court, with the accused and all parties present.
No unanimity required
Malta does not require a unanimous verdict. A valid outcome needs at least six of the nine jurors to agree, meaning a conviction or acquittal can come as 9-0, 8-1, 7-2 or 6-3. A 5-4 split produces nothing — jurors return to deliberate further. There is no deadline under Maltese law and no automatic exit after a fixed number of hours.
Fenech faces two separate charges: complicity in the murder of journalist Daphne Caruana Galizia, and participation in a criminal association. He has pleaded not guilty to both. The jury votes on each charge independently, and the split does not have to be the same on each count — a guilty verdict on one charge can sit alongside an acquittal on the other.
The First Juror, known in Maltese as the prim ġurat, records the verdict and collects every colleague's vote before casting their own.
Why the vote margin matters at sentencing
Complicity in wilful homicide carries life imprisonment. However, Article 492 of the Criminal Code grants the judge discretion when a guilty verdict on a life-carrying charge is not unanimous: in that scenario the court may impose a fixed term of no less than 12 years rather than a life sentence.
The reduction is not automatic. A divided verdict does not by itself lower the punishment — it only opens the door for the judge to consider an alternative. A unanimous 9-0 guilty finding and a 6-3 guilty finding are legally equivalent verdicts, but they do not represent the same sentencing position.
Individual jurors may also recommend mercy and state their reasons. The judge may take those recommendations into account but is not bound by them.
Verdict and what follows
Once the required majority is reached, the court is reconvened and the foreperson reads the verdict, stating the number of votes behind it. The public learns the tally, not how any individual juror voted.
Guilt is the jury's determination. Sentence is Judge Grima's alone. If Fenech is convicted, the prosecution, the defence and lawyers representing the Caruana Galizia family may all make submissions on punishment before she hands down the sentence.
If he is acquitted on all charges, Judge Grima must order his release unless he is held for a separate legal reason.
Malta's system differs from the American model familiar from courtroom dramas. Under Maltese law, both the accused and the Attorney General may appeal to the Court of Criminal Appeal — against a conviction, against an acquittal, or against the sentence. An acquittal is not automatically final, and any conviction can be challenged.
Source: Times of Malta