A woman holds a photo of anti-corruption journalist Daphne Caruana Galizia during a protest marking the anniversary of her assassination, Valletta, Malta. 16 October 2025. REUTERS/Darrin Zammit Lupi

In September, a Maltese court acquitted businessman Yorgen Fenech of alleged involvement in the death of journalist Daphne Caruana Galizia, who was assassinated in 2017 when a bomb placed under the seat of her car was detonated remotely. Caruana Galizia was recognised internationally for her investigations into corruption and money laundering in Malta. At the time of her death, she was investigating a power station deal involving Fenech.

The trial was significant in terms of accountability. Five men have already been convicted in connection with Caruana Galizia’s death – including for supplying, planting and detonating the explosive device – and a sixth pardoned in return for testimony. To date, however, nobody has been convicted of orchestrating the journalist’s murder.

The trial revealed strong ties, evidenced by WhatsApp exchanges, between Fenech and Malta’s governing elite. In 2021, a report issued following a public inquiry into Caruana Galizia’s murder said the state should ‘shoulder responsibility’ for the crime because of the ‘atmosphere of impunity’ it had created and its failure to take reasonable steps to protect her. At the time that the inquiry’s conclusions were published, Malta’s Prime Minister, Robert Abela, rejected the suggestion that impunity reigned in the country, but apologised for the state’s shortcomings that contributed to the murder.

After Fenech’s acquittal, months of quiet vigils to mark the journalist’s death gave way to public anger as protesters demanded justice for Caruana Galizia and her family. Baroness Shami Chakrabarti, a Member of the UK House of Lords who is preparing a report on the murder and events surrounding the case for the Parliamentary Assembly of the Council of Europe, said that ‘the quest for justice for Daphne Caruana Galizia is not over. All those responsible for ordering her assassination must be brought to justice and the wider recommendations of the public inquiry must be implemented in full.’

Following the verdict, Abela defended the work of the public institutions involved in the investigation and urged ‘caution’ regarding the trial’s result. During her state of the union address, European Commission President Ursula von der Leyen said there could be ‘no impunity’ for Caruana Galizia’s murder. Malta’s Justice Minister, Clifton Grima, commented on social media that he agreed with the principle of von der Leyen’s remarks, but added that institutions must be allowed to work independently ‘according to the evidence and the law.’

Published in July, the European Commission’s 2026 Rule of law report highlighted that in Malta, ‘legislative reforms remain pending to improve the protection of media freedom and the working environment of journalists.’ It did note that ‘certain safeguards have been introduced in relation to protection of sources and confidential communications’ and to guard against surveillance.

In 2024, Malta passed legislation designed to tackle strategic lawsuits against public participation (SLAPPs), which are used by individuals and companies to deter critical voices. Caruana Galizia had 47 SLAPPs pending against her at the time of her death. Groups such as PEN International have called for Malta’s legislation to go further, however, highlighting that it only covers cross-border – and not domestic – SLAPP cases.

Two weeks after the verdict, three jurors, one of their husbands and a reserve juror were arrested in dawn raids. They were questioned by police about public statements the jurors had made prior to the trial. On 1 October it was reported that at least three of the jurors will not be charged by police.

Markus Beham, Co-Chair of the IBA Human Rights Law Committee and Chair of Public International Law at the European University Viadrina, says the case serves as a reminder of the rule of law challenges facing juries in high-profile trials. ‘There needs to be procedural safeguards implemented that ensure both transparency and objectivity in the appointment process and clear avenues for review in cases of doubt,’ he says. ‘The case, together with the current discussion over the jury trial system, also demonstrates the importance of international layers of human rights protection and the possibility to challenge national decisions, such as before the European Court of Human Rights.’

Undoubtedly, the failure so far to convict any individual for masterminding Caruana Galizia’s murder sits uneasily with advocates for freedom of the press and those seeking accountability for the journalist’s death. The recent trial has shone a spotlight not only on the ability of the Maltese authorities to prevent and investigate attacks on journalists, but also on the capability of the country’s judicial system to bring this nine-year case to a close.

‘Journalists cannot effectively hold power to account unless the institutions responsible for protecting them are themselves independent, effective and accountable,’ says D’Alessandra, a non-resident fellow at the Carnegie Endowment for International Peace. ‘There is, however, an equally important rule of law principle at stake: an acquittal must not be treated as evidence of judicial failure simply because it is unpopular. The prosecution bears the burden of proving guilt beyond reasonable doubt, and the presumption of innocence remains fundamental even in cases of exceptional public importance.’