Yorgen Fenech’s mobile phone, which was seized by investigators upon his arrest in November 2019, is making phone calls to his wife, his defence team have revealed.
In court this morning, Fenech’s lawyers, Charles Mercieca, Gianluca Caruana Curran, and Marion Camilleri, revealed that his wife received a call from the mobile on Friday 28th August at roughly 2.30pm. A report has been filed with the police and Chief Homicide Inspector Keith Arnaud has been informed.
Marlene Fenech confirmed the incident in court. The mobile phone was lifted off of Fenech’s boat in November 2019 when he was arrested in connection to the assassination of journalist Daphne Caruana Galizia. The device has been in the hands of Europol ever since.
“When I called back, it was not in a possession to respond,” she said.
The lawyers claimed that the entire prosecution has been granted access to these details, namely the police, Attorney General’s office, and the parte civile lawyers. A constitutional request has been filed.
“These details are being leaked to the press and we have not have had access to this evidence for the past nine months,” Mercieca said.
Inspector Kurt Zahra denied the claims, insisting that the phone lies with Europol experts and that investigators only have access to the data on it. He entirely rejected claims that the data was passed on to the parte civile lawyers.
The lawyers launched an urgent request to have full access to all the evidence the prosecution has in its possession, including the data extracted from Fenech’s devices and all the electronic devices handed over by state-witness Melvin Theuma.
Recently, WhatsApp conversations between Fenech and Opposition Leader Adrian Delia, which have been confirmed to the be true, have been leaked to the press.
It’s not the first time leaks from the case have been made subject to investigation. Recently, five, 20-second excerpts of Theuma’s recordings that were played behind closed doors were published by an anonymous reddit user.
Publication of the tapes is prohibited by court order and police have launched an investigation into the leak.