Lawyers for the prosecution and the defence in the Mario Camilleri appeal met with former chief justice Noel Arrigo in chambers and struck a bargain for a three-year reduction, assistant commissioner Michael Cassar told a court yesterday.
Mr Cassar said the police had learnt of the plea bargaining in the course of their investigations and explained that Judge Arrigo had told police of a meeting in chambers in which lawyers for the two sides admitted they had been somewhat taken aback at the 16-year jail term.
Dr Mark Said for the prosecution and Dr Emmanuel Mallia for the defence had then agreed, in the presence of the chief justice, on a reduction of three years on appeal.
Replying to a direct question by Magistrate Tonio Micallef Trigona, the assistant commissioner confirmed that the police had learnt of the agreement between the prosecution and the defence in the course of their investigation.
The assistant commissioner testified in the compilation of evidence against Judge Arrigo, 52, of Siggiewi and Judge Patrick Vella, 58, of San Pawl tat-Targa.
They are pleading not guilty to two counts of bribery and one of revealing official secrets in relation to a sentence handed down by the Court of Criminal Appeal against Mario Camilleri on July 5.
The charges are aggravated by the fact that they were public officers duty bound to prevent crime.
Magistrate Micallef Trigona yesterday heard deputy commissioner Joseph Cachia, assistant commissioner Michael Cassar and Superintendent Pierre Calleja testify.
He had originally put off Monday's sitting to today to hear arguments from defence lawyers over their request to appeal his decision not to stay proceedings pending a decision on their constitutional complaint in the Civil Court.
Magistrate Micallef Trigona on Monday referred the judges' complaint of a breach of human rights to the Civil Court but refused to stay proceedings.
They had complained that the prime minister had beached their fundamental human right to a fair trial when he made statements asserting their guilt before they were even arraigned and the magistrate ruled this complaint could not be termed frivolous and vexatious and merited examination by the Civil Court in its constitutional jurisdiction.
He however dismissed their complaint that the media had also prejudged them and ruled that the right to freedom of expression was sanctioned as a fundamental human right in the constitution although the right did not extend beyond the laws of the country.
Lawyers for the judges eventually requested leave to appeal the ruling in part. They asked to be allowed to contest the magistrate's decision to refuse to stay proceedings and Magistrate Micallef Trigona put the case off to today for a debate on the matter.
But the lawyers yesterday refrained from insisting on the request and agreed that the court should continue hearing evidence.
Dr Joseph Giglio and Dr George Abela, for Judge Arrigo, made a declaration in which they stated they would raise the point before the Civil Court when it convenes to hear their constitutional reference on Monday.
Dr George Cutajar and Dr Michael Sciriha declared they were not going to insist on the request they had made at the previous sitting.
The lawyers then called on the court to allow them a transcript of their clients' statement to the police and a copy of the testimony given by police commissioner John Rizzo on Monday so that they would be in a position to cross-examine him.
Magistrate Micallef Trigona ordered that they be given a copy as soon as possible.
The case continues.