Defence lawyer brings up constitutional judgment

A lawyer of one of the two former judges charged with bribery noted yesterday that, in light of the constitutional judgment handed down last month, his client would never have a fair hearing as he had been "disarmed" of the presumption of innocence.

Toni Abela, who is representing Judge Patrick Vella together with lawyers George Cutajar and Michael Sciriha, made the observation, which he emphasised was not a legal submission, during the first sitting in the compilation of evidence against former Judges Vella and Noel Arrigo since the constitutional judgment was handed down on October 29.

The constitutional court, presided over by Mr Justice Anton Depasquale, Mr Justice Albert J. Magri and Mr Justice Geoffrey Valenzia, had ruled that the judge's right to a fair trial had been violated on the basis of the violation of the presumption of innocence at a news conference given by the prime minister on August 1, 2002.

The constitutional court, however, concluded that as the judges' fundamental human right to trial by an independent and impartial court had not been violated, there was no reason to halt the criminal proceedings against the former judges.

During yesterday's criminal court sitting, Judge Vella's lawyers declared that, in light of the constitutional court's decision, that was exhibited in the records of the case, all safeguards for their client's rights had been irrevocably prejudiced. They made this declaration without prejudice to legal action they might take in the future.

Lawyers Joseph Giglio and George Abela, for Judge Arrigo, declared they had nothing to add at this stage.

Former chief justice Noel Arrigo, 52, of Siggiewi and Judge Vella, 58, of San Pawl tat-Targa 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, 2002.

The charges are aggravated by the fact that they were public officers duty bound to prevent crime.

Police Commissioner John Rizzo, Deputy Commissioner Joseph Cachia, Assistant Commissioner Michael Cassar and Superintendent Pierre Calleja are prosecuting with the assistance of Attorney General Anthony Borg Barthet.