Court dismisses unfair trial claim

The Constitutional Court, composed of Chief Justice Vincent DeGaetano, Mr Justice Joseph D. Camilleri and Mr Justice Joseph A. Filletti yesterday dismissed a constitutional appeal filed by Francis Theuma from a Civil Court judgment.

Theuma filed his constitutional application against the Attorney General in 2000, claiming a violation of his fundamental human rights in the course of criminal proceedings filed against him by the police.

Theuma said he was arrested in May 1994 on drug-related charges.

His case was finally decided on July 31, 1997 by the Court of Criminal Appeal which had confirmed the judgment of the Magistrates' Court jailing Theuma for five years and fining him Lm2,000.

Applicant submitted that he had not been given a fair trial within a reasonable time and had spent 38 months in preventive custody pending trial

The Civil Court however dismissed Theuma's application and he lodged an appeal to the Constitutional Court.

The Constitutional Court declared that it was in agreement with the reasoning adopted by the first court and concluded that the Magistrates' Court had acted diligently and speedily in the light of the complexity of the case and the fact that Theuma had been kept under preventive custody for some time.

The procedures with the Attorney General's office had been carried out with due diligence, and the matter had then been submitted for judgment to the Magistrates' Court once the compilation proceedings were concluded.

It was only at the appeal stage that certain delays had occurred.

When the appeal was appointed for hearing, Theuma's lawyer had requested that certain documents be produced, and this request had been acceded to.

A number of sittings had been put off as Theuma's lawyer was abroad, and then because the court required more time to complete its judgment.

Theuma had then withdrawn his appeal, but had later reinstated it.

In the light of these issues, the Constitutional Court concluded that one could not find that Theuma's fundamental human right to a fair trial had been violated due to delays.

The Constitutional Court also dismissed Theuma's allegation that his trial had been unfair.

Theuma had not filed any substantial allegations about the conduct of his trial before the Court of Criminal Appeal, even though any allegations of this nature ought to have been raised at this point to make use of the ordinary remedies available at law.

The Constitutional Court added that it was of the opinion that there was adequate evidence against Theuma for him to have been found guilty.