Lawyers claim constitutional remedy was 'insufficient'

The lawyers of one of the two former judges charged with bribery yesterday exhibited a copy of an application filed before the European Court in Strasbourg claiming that the remedy provided in the constitutional judgment, handed down last October, was "insufficient and unsatisfactory".

Dr George Abela and Dr Joseph Giglio, who are representing former Chief Justice Noel Arrigo, exhibited a copy of the application and the registered mail receipt in the criminal proceedings against Arrigo, 52, of Siggiewi and Patrick Vella, 58, of San Pawl tat-Targa.

The two former judges 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 lawyers explained that the application referred to the constitutional judgment handed down by Mr Justice Anton Depasquale, Mr Justice Albert J. Magri and Mr Justice Geoffrey Valenzia on October 28, 2003.

The constitutional court had ruled that the former judges' right to a fair trial had been violated on the basis of the violation of the presumption of innocence during a press 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.

The court also ruled it was appropriate that a copy of the constitutional judgment be inserted into the criminal proceedings.

However, the lawyers argued that this was an "insufficient and unsatisfactory remedy" and called on Magistrate Tonio Micallef Trigona, who is presiding over the criminal proceedings, to deliver a suitable ruling.

Meanwhile, Dr Tony Abela, Dr Ian Farrugia and Dr George Cutajar, for Vella, informed the magistrate that they were in the process of filing an application in the European Court.

In the circumstances, Police Superintendent Pierre Calleja, prosecuting, asked the court to grant him time to consult about the matter.

Magistrate Micallef Trigona sent the court documents to the Attorney General's office and reserved the right to give a ruling once the court documents were returned to him.