'House arrest' condition withdrawn

The Magistrates' Court yesterday removed the condition binding the two judges charged with bribery from leaving their house.

Magistrate Tonio Micallef Trigona removed what is commonly referred to as 'house arrest' after the judges asked him to relax the condition because it had only been set as a temporary measure.

He gave the ruling in the compilation of evidence against former chief justice Noel 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 connection with a judgment handed down by the Court of Criminal Appeal against drug trafficker 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 noted that the judges had been confined to their houses since August 4 and that most of the evidence had since been heard.

He ruled they deserved to be allowed to continue their 'normal' life.

Magistrate Micallef Trigona was yesterday also meant to hear in open court the telephone conversations exhibited by the police but put off the sitting after learning that copies of the transcripts had not been made because a photocopier was not made available to his staff.

Upstairs, in the Civil Court, Mr Justice Gino Camilleri heard Dr George Abela make submissions on behalf of Judge Arrigo to sustain his and Judge Vella's claim of a breach of human rights in the alleged distortion of the presumption of innocence.

Dr Abela concluded his arguments by requesting one of three remedies. He acknowledged that the remedy in case that the court found a breach of human rights would be somewhat problematic but listed the three options available to the court as either a declaration that the proceedings had been tainted by the prime minister's remarks, or monetary compensation, or a declaration of a breach of human rights which in itself would constitute just satisfaction.

Mr Justice Camilleri yesterday also allowed the exhibition of some press articles and the motion of impeachment.

The Civil Court last week refused to allow the exhibits but changed its mind yesterday after Dr Abela requested their production to illustrate points he intended to make in his submissions.

Dr Abela used some of the articles to show how the presumption of innocence had been subverted with the media picking up the gauntlet thrown by the prime minister and declaring the judges guilty without awaiting the outcome of due process.

The cases continue.

Police Commissioner John Rizzo, Deputy Commissioner Joseph Cachia, Assistant Commissioner Michael Cassar and Superintendent Pierre Calleja are prosecuting before Magistrate Micallef Trigona.

The Attorney General appeared before Mr Justice Camilleri in person.

Dr Joseph Giglio and Dr George Abela are representing Judge Arrigo while Dr Toni Abela, Dr Michael Sciriha and Dr George Cutajar are representing Judge Vella.