Justice Delayed, Not Necessarily Denied in Malta

The acquittal of Yorgen Fenech in the murder of Daphne Caruana Galizia has sent shockwaves through Malta and beyond. The verdict has left many to wonder if justice will ever be served, particularly given the complexity of the evidence and the nuances of Maltese law.

The trial’s outcome was not entirely unexpected, as the prosecution’s reliance on the testimony of Melvin Theuma raised questions about credibility and motive. Fenech’s defense team successfully highlighted contradictions in Theuma’s statements, making it challenging to prove guilt beyond reasonable doubt.

Caruana Galizia’s family and supporters have expressed outrage over the acquittal, which they believe undermines the investigation and ignores evidence pointing to other suspects, including Keith Schembri, former chief of staff to Prime Minister Joseph Muscat. The public prosecutors’ argument that Fenech had a motive for silencing Caruana Galizia due to her investigations into his business dealings seems compelling.

However, the acquittal highlights the challenges faced by Malta in addressing institutional failures and impunity that enabled the murder. While the country has made progress with reforms, including measures to protect journalists and strengthen press freedom, more needs to be done. The European Commission’s recent Rule of Law Report acknowledges limited progress, emphasizing that core recommendations remain unfulfilled.

The slow pace of the Maltese justice system also compromises the chances of effective prosecution. A report by the Daphne Caruana Galizia Foundation found that 46% of homicide cases brought to trial between 2010 and 2020 had still not been concluded in mid-2025, raising questions about the capacity of the justice system to deliver justice in a timely manner.

Judge Edwina Grima has ordered the evidence presented at trial to be passed on to the chief of police, who will decide whether criminal proceedings should be brought against anyone else. This development suggests that justice may still be pursued through alternative channels.

The acquittal serves as a reminder that press freedom and journalist safety remain pressing concerns in Malta. The country’s failure to implement comprehensive media reform and protect journalists from political and economic pressure has been widely criticized. The EU Commission’s assessment of limited progress is a stark reminder of the need for urgent action to address these issues.

In the aftermath of this verdict, it’s essential to focus on the systemic issues that enabled the murder in the first place. Rather than fixating on individual suspects or motives, Malta must confront its institutional weaknesses and take concrete steps to prevent similar tragedies from occurring.

The pursuit of truth and accountability must continue unabated, despite the long and challenging road ahead. Ultimately, justice delayed is not necessarily denied in Malta.