Application for interim relief dismissed

Mr Justice Geoffrey Valenzia in the First Hall of the Civil Court has dismissed an application for interim relief filed by Raymond Caruana in the course of constitutional proceedings filed against the Attorney General.

Caruana had requested the First Hall of the Civil Court to suspend his obligation to pay a fine imposed upon him by the Criminal Court until his constitutional proceedings were concluded.

The Attorney General objected to this request on the basis that if Caruana's application was upheld then a final judgment of the Criminal Court would not be executable despite the fact that it had not been declared invalid.

Mr Justice Valenzia noted that Caruana was basing his case on the submission that if he were to be forced to pay the fine then he would be deprived of a remedy.

Caruana had therefore requested to be granted interim relief.

The court noted that the European Convention provided for interim relief in cases where there was an apparent, real and imminent risk of irreparable harm.

Such a remedy was granted when there was an alleged risk to life or ill treatment.

However, matters of detention and interference with property rights were not among the cases where interim relief could be granted.

The court further added there was no case here of Caruana suffering irreparable harm for if Caruana paid the fine imposed upon him by the Criminal Court and that fine was subsequently annulled by the First Hall of the Civil Court in its constitutional jurisdiction then Caruana would be entitled to a refund.

Caruana's request was therefore dismissed.