A judge’s decision ordering the police commissioner to hand data extracted from Keith Schembri’s phones to Yorgen Fenech’s lawyers has been revoked by the Constitutional Court. Judgment was handed down on Monday morning upon two appeals filed by the commissioner and the state advocate against a decision delivered in November. Fenech’s lawyers had argued that those devices, though not the same as the one that allegedly went offline shortly before the former chief of staff's arrest in 2019 and was still ‘missing’, contained data that was nonetheless “essential” to their case. That argument was made in proceedings wherein Fenech, who is currently awaiting trial for alleged complicity in the murder of Daphne Caruana Galizia, is seeking the removal of lead investigator and prosecutor Superintendent Keith Arnuad. Mr Justice Lawrence Mintoff had ruled in favour of Fenech’s lawyers, but in Monday's judgement, the Constitutional Court said the law was tailored in a manner as to ensure that police investigations or criminal proceedings were not prejudiced. The first court had deemed that the law granted the judiciary “wide discretion” to take adequate measures where fundamental rights...
↧