Daphne Caruana Galizia was a leading Maltese investigative reporter whose 2017 death still haunts the island nation. On 2 September 2024 a jury in Malta acquitted businessman Yorgen Fenech of the charge that he ordered the car‑bomb that killed her, reigniting protests in Valletta and prompting criticism from press‑freedom groups across Europe.

The verdict came after a protracted trial that began in 2020 and lasted several years. Jurors concluded that the prosecution had not proved Fenech's guilt beyond reasonable doubt. The decision was met with anger from Caruana Galizia's family, who have long demanded that every person responsible for the murder be held to account.

Key evidence and the acquittal

Prosecutors had built their case largely on the testimony of Melvin Theuma, a former driver for Fenech who admitted to organising the assassination in exchange for immunity. Theuma claimed he received €150,000 to arrange the bomb and presented text messages and audio recordings that, according to the state, linked Fenech to the plot and showed attempts to destroy evidence.

Fenech has consistently denied any involvement, maintaining his innocence throughout the proceedings. The defence argued that the evidence was circumstantial and that the recordings could not be definitively tied to a criminal order. The jury's not‑guilty verdict reflects that assessment.

Five other individuals have already been convicted for their roles in preparing the attack, including the driver who planted the explosive device. Theuma's immunity deal, which allowed him to avoid prosecution, remains a point of contention among Caruana Galizia's supporters, who argue it undermines accountability.

Public reaction and political fallout

Hundreds of demonstrators gathered in Malta's capital on the day of the verdict, chanting for justice and demanding that the authorities continue the search for the person who ordered the killing. The protest echoed a similar rally held a year earlier, when Caruana Galizia's family first called for a full inquiry.

Reporters Without Borders condemned the outcome, stating that "nine years after the assassination, Maltese authorities have still failed to identify and convict the mastermind." The organisation highlighted that the case remains a litmus test for the rule of law in a member state that has faced repeated criticism over press freedom.

European Parliament President Roberta Metsola issued a statement urging Malta to "persist in its pursuit of truth" and warned that the EU will not tolerate a climate of impunity for attacks on journalists. Metsola's remarks echo a broader European concern that the Caruana Galizia case exemplifies a pattern of weak enforcement of media‑protection standards.

EU mechanisms and their limits

While the investigation and prosecution are squarely in the hands of Maltese courts, the European Union can influence the broader environment in which such cases unfold. The European Media Freedom Act, which entered into force in 2023, aims to safeguard journalistic sources and bans the use of spyware against reporters. In addition, new EU rules targeting strategic lawsuits against public participation (SLAPPs) seek to curb legal intimidation of the press.

Caruana Galizia herself was frequently targeted with SLAPPs during her career, a tactic that continues to be used against media outlets that report on alleged wrongdoing by powerful figures. Recent reports indicate that Fenech has threatened legal action against several Maltese news organisations that continue to publish allegations about the jury's alleged corruption.

Nevertheless, the EU cannot directly intervene in the Maltese criminal proceedings. Its role is limited to monitoring compliance with democratic standards and, where necessary, applying political pressure through mechanisms such as the European Court of Justice or the European Commission's rule‑of‑law toolbox.

Comparative cases in Europe

The Caruana Galizia murder is not an isolated incident. In 2018, Slovak journalist Ján Kuciak and his fiancée were shot dead, a case that also remains unresolved despite the identification of a suspected mastermind. Both murders have become symbols of the dangers faced by investigative reporters in the EU and have spurred calls for stronger protective frameworks.

Freedom‑of‑the‑press watchdogs rank Malta among the worst performers in the bloc, alongside Greece, Cyprus and Hungary, for the frequency of attacks on journalists and the prevalence of legal harassment. The European Union's annual press‑freedom index shows a persistent gap between the EU's stated commitment to media independence and the reality on the ground in several member states.

What comes next for the Maltese case?

Following the acquittal, Malta's prosecution service announced its intention to appeal. To do so, prosecutors must first identify a "serious legal error" in the trial, such as the judge's decision not to inform jurors that Fenech had requested a presidential pardon shortly after his 2019 arrest. The appeal has not yet been filed, and officials have a few days to submit the necessary paperwork.

If the appeal proceeds, the case could return to the courts for another round of deliberation, extending the legal saga that has already lasted nearly a decade. Meanwhile, Caruana Galizia's family has urged the EU to withhold funding for a controversial gas pipeline project, arguing that Malta's governance failures make it an unsuitable recipient of European investment.

For European observers, the outcome of the appeal will be a barometer of Malta's willingness to confront entrenched corruption and protect the freedom of the press. It will also test the EU's capacity to enforce its own standards when member states fall short.

In the meantime, journalists across the continent are watching closely. The Caruana Galizia case serves as a reminder that the safety of investigative reporters remains precarious, and that the pursuit of accountability can be a long, arduous process. As the EU continues to refine its media‑freedom legislation, the hope among press‑rights advocates is that concrete safeguards will translate into real protection for those who dare to expose power.