Judge denies Jogen Fennec’s bail request

The criminal court dismissed yet another bail claim filed by murder suspect Jogen Fennec, noting that the case could not be treated “like any other case.”

In a ruling issued Friday morning, Judge Edwina Grima said the circumstances surrounding the case remained unchanged and could justify changing his position.

“This case cannot be treated as another murder case due to its widespread impact, complex investigation, and some pending administrative investigations. The accused, who is presumed to be innocent until convicted. It is true that he is in preventive detention, but this decision is not arbitrary. “

Fenek, who has been charged with the 2017 murder of journalist Daphne Kahlua Anagarizia and is awaiting an accomplice trial, has been detained since his arrest in November 2019. .. A WhatsApp chat between Fenech and his uncle on display in court revealed that businessmen had discussed the possibility of leaving the country.

In a ruling issued on Friday, the Criminal Court found the Attorney General correct, pointing out that the previous ruling given by the same court on which bail was denied cannot be reassessed and amended.

The defense provided examples of other suspected murderers on bail, but Judge Grima repeatedly pointed out that the court could not support these arguments, pointing out that the consequences of the case were different, and her court. The specific circumstances surrounding the case individually when deciding on bail, which stated that he was obliged to consider.

The criminal court also acknowledged that the fear raised by the prosecution was not an illusion and reiterated that it did not have the reassurance needed to grant Fennec bail.

Evidence is that not only did Fennec attempt to abstain when he realized that his arrest was imminent, but he also abstained with the help of his relatives and those near him and their financial support. Showed that he had.

These fears were supported by evidence presented in the first hall of the Civil Court of the Constitutional District. This evidence also became part of the record of criminal cases.

“There is also evidence that there were people near him who were ready to interfere with the judiciary at the time of the arrest,” the judge said, saying that Fennec had not provided any guarantees to convince the court. Stated. ..

Another factor in the criminal court’s decision was the ongoing investigation of the murder case. The murders have produced parallel investigations and several pending administrative investigations and are still active.

The judge explained that when deciding on bail, the court must provide all the guarantees provided for in the criminal law, especially those related to the judicial administration.

“In the unique context of the case in which a journalist was murdered, its serious consequences are felt at both the national and international levels, as already pointed out by the Court of Appeals and the Constitutional Court.”

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