A Valletta man jailed for six years for illegal arrest and violent indecent assault nearly 20 years after the commission of the crime yesterday claimed a breach of his right to a fair trial within a reasonable time.

John Bugeja filed a constitutional application in the Civil Court against the attorney general and the police commissioner.

He explained that he had been arraigned in court on theft, illegal arrest, rape and the possession of weapons, among other charges, in November 1983.

In April 1993 the Magistrates' Court had found him guilty of theft, illegal arrest, violent indecent assault and causing slight injuries and sentenced him to six years' imprisonment and a Lm150 fine.

He appealed from the judgment and his appeal was put off for judgment on January 11, 1994.

The appeal was however finally decided by the Court of Criminal Appeal (which confirmed the original judgment) on October 2, almost 10 years after it was filed.

Bugeja argued that the length of time was excessive for the criminal proceedings against him had taken almost 20 years to be concluded, and he was now serving a prison sentence for a crime committed 20 years previously when he was only 18.

Bugeja was now 38, married and had six children.

He submitted that in the course of these 20 years his social and personal circumstances had radically changed, and it did not make sense for him to be imprisoned now.

Such delays, said Bugeja, seriously endangered the effectiveness and credibility of the justice system, particularly when such severe punishments were inflicted, and when his appeal had been heard by two different judges.

Thus, the judge who had delivered the final judgment was not the same judge who had commenced hearing the appeal.

Bugeja concluded his application by requesting the court to declare a breach of his fundamental human right to a fair hearing within a reasonable time, to annul the judgment of the Court of Criminal Appeal and to provide him with a remedy.

Dr José Herrera signed the application.