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Fenech Acquitted: Daphne's Murder Still Has No Master

Eight jurors looked at Yorgen Fenech and saw a man they could not convict.

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Eight jurors looked at Yorgen Fenech and saw a man they could not convict. One did not. That nine-to-one split — eight acquitting, one holding — is now the number that Malta will carry into whatever comes next, because the courthouse in Valletta has closed a chapter that nobody in this country actually finished reading.

The verdict came down on both counts: not guilty. Fenech, the Tumas Group scion who sat at the centre of Malta's most consequential murder trial, walks free. The trial was the longest in Maltese legal history. The question it was meant to answer — who ordered the killing of Daphne Caruana Galizia — remains, in any legally binding sense, unanswered.

Occupy Justice said what many were thinking with more precision than most: "Daphne was assassinated, and Malta is still without full accountability for the person or people who ordered her murder." The European Federation of Journalists called the acquittal a blow to Daphne's family, to journalists, and to activists across the continent, and urged Maltese police to pursue every lead that emerged during proceedings — including those pointing toward former senior political figures whose names surfaced in testimony but never in a dock.

Alex Borg stood outside Castille and said the murder was planned inside those walls. That is an extraordinary thing for an opposition leader to say in public, in front of cameras, with the prime minister's office behind him as backdrop. Borg is not a man given to recklessness, which means he either has something or he is betting that the political moment is worth the legal exposure. Either way, he has drawn a line that Robert Abela will now have to step over or around.

Crowds gathered in Valletta. The demonstration was called silent, and silence in this context carries more weight than noise. These are people who have been at this for nine years — nine years of vigil candles and legal proceedings and leaked conversations and pardoned middlemen — and what they received in return was an eight-to-one acquittal and a government that has, for years, treated accountability as a public relations problem to be managed rather than a debt to be paid.

My view is this: the acquittal does not mean innocence in the court of historical record, and every Maltese journalist who covers power knows it. What it means, practically, is that the institutional path to full truth has now narrowed almost to nothing. The leads that remain are cold. The witnesses who might have spoken have either spoken already or chosen not to. And a country that joined the European Union in 2004 partly on the promise of rule of law will have to decide what that promise was ever worth.

The next move belongs to the investigators — if they still have the appetite for it.

Editor's Note
Eight jurors, and the one who held — I keep thinking about that person, sitting in that room, knowing exactly what the walk home was going to feel like.
Gabriel Fenech
Gabriel Fenech
Senior Correspondent, Malta
Gabriel Fenech has covered Malta for four decades. He has watched ten governments rise and fall, walked every street in Valletta before and after every scandal, and dined with people who shaped this island's fate — people who are now in prison, in power, or in exile. He quotes Márquez without trying. He is the most curious person in any room and the quietest about it. There is something he has never written. He never will.
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Ilhan Irem Yuce
Edited by Ilhan Irem Yuce · Chief Editor, News Beast