Yorgen Fenech’s lawyers are demanding to see essential evidence gained by the police from Keith Schembri’s mobile phone as this evidence can support the businessman’s claims. This is the focus of an application filed by Fenech in constitutional proceedings seeking to have lead investigator superintendent Keith Arnaud kicked off the probe into the assassination of late journalist Daphne Caruana Galizia.
Lawyers are now claiming that a full extraction of data from the former chief of staff’s mobile phone is in the hands of the police. Times of Malta had revealed that Schembri’s phone went offline shortly before getting arrested in December 2019. Investigators subsequently testified that he claimed to have lost his phone.
Being arrested twice again, once in 2020 and again in 2021, prosecutors have charged him with money laundering, criminal conspiracy, fraud and forgery. Fenech’s lawyers said that seized data was lost forever and was essential to prove their client’s claims.
With the constitutional case before Mr Justice Lawrence Mintoff seemingly coming to its end with judgement due in November, the application filed earlier this month states that police had taken possession for the full extractions from Schembri’s phone.
Fenech argued that it would be ‘manifestly wrong’ that ‘when, in future, the truth emerges, it is seen that there was evidence which could have been brought before the court but was left out because of procedural obstacles.’
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Photo Source: DW, ICIJ