Fenech Acquittal Appeal Filed, Parties Now Awaiting Court Of Criminal Appeal Decree

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The Attorney General has filed an appeal against Yorgen Fenech’s acquittal in the murder of journalist Daphne Caruana Galizia, but his defence team has yet to be formally notified of the proceedings, sources close to the defence have confirmed.The prosecution has also confirmed that the appeal has been filed and said it is now awaiting a decree from the Court of Criminal Appeal setting out the next procedural steps.The court is expected to issue a decree appointing a date for the next stage of the proceedings. The defence will then be formally notified and given the prescribed period to submit a written reply, should it wish to do so.A date will subsequently be set for the oral submissions on the appeal.The appeal marks the beginning of the Attorney General’s challenge to the jury’s decision to acquit Fenech.Fenech was acquitted by an eight-to-one jury majority on both counts relating to the murder of Caruana Galizia, who was killed in a car bomb attack outside her home in Bidnija in October 2017. The appeal was filed shortly before the expiry of the 15-working-day deadline. However, the filing does not mean that a retrial will automatically follow.Under Article 500(4) of the Criminal Code, the Court of Criminal Appeal must allow an appeal by the Attorney General if it finds that there was a grave irregularity during the proceedings, or that the judgment was clearly the result of a manifest misinterpretation or manifestly wrong application of the law, and that this could have had a bearing on the verdict. The court may nevertheless dismiss the appeal if it considers that no miscarriage of justice actually occurred.Even if the appeal succeeds, a retrial is not automatic. Under the circumstances provided for by law, the court may order a retrial if it considers that the interests of justice require one.For now, both sides are waiting for the court’s decree. As of Thursday, Fenech’s legal team had not yet received formal notification of the appeal.•