27/02/2024

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Court: Constitutional Court dismisses claim that Yorgen Fenech’s fundamental rights were breached by freezing order.

 

On the 26th of February 2024, the Constitutional Court upheld the rejection of Yorgen Fenech’s claim that his fundamental rights were breached due to a freezing order. Yorgen Fenech, who is awaiting trial for allegedly procuring the murder of journalist Daphne Caruana Galizia, argued that the freezing order lacked explanation and caused him financial difficulties. The Court dismissed his appeal, stating that the order was legitimate as a deterrent to criminality and could lead to eventual confiscation of proceeds if found guilty. Despite no evidence of financial gain from the crimes, the Court noted Fenech’s potential benefit from business dealings related to the murder case. The appeal was also rejected on procedural grounds, with Fenech failing to demonstrate any hindrance in seeking a variation to the freezing order. The Court affirmed that the freezing order shall remain until the conclusion of criminal proceedings. Click Here to access judgement

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