Magistrate rules for continuation of former judges' bribery compilation

A magistrate yesterday ruled that the compilation of evidence against two former judges charged with accepting bribes will continue despite a related case pending in the European Court of Human Rights.

Magistrate Tonio Micallef Trigona turned down the request, made by the lawyers of former Chief Justice Noel Arrigo and Judge Patrick Vella, to stop hearing their case until the European Court had decided a case they had filed.

Judge Arrigo, 54, of Siggiewi, and Judge Vella, 60, of San Pawl tat-Targa, are pleading not guilty to two counts of bribery and one of revealing official secrets in relation to a sentence handed down by the Court of Criminal Appeal against Mario Camilleri on July 5, 2002.

Magistrate Micallef Trigona yesterday explained how during a court sitting on March 17 defence lawyers requested the suspension of the case and on May 21 they submitted an application making the request, to which the Attorney General replied.

During the May 21 sitting Magistrate Micallef Trigona decreed it was obvious that the court had to examine the Constitutional Court judgment that was inserted in the proceedings as well as the submissions made by both parties.

The magistrate had referred the case back to the Attorney General who kept the documents of the proceedings for about a month and a half.

In yesterday's ruling, the magistrate concluded that, at this stage, it was difficult for two main reasons to uphold the defence's request to suspend the compilation of evidence.

First, the suspension of a case should not be granted easily in criminal proceedings, on criteria of public order.

Secondly, in the judgment handed down on October 29, 2003, the Constitutional Court had clearly explained the way the case should proceed.

The Constitutional Court had ruled that words used by the prime minister in his news conference on the judges had resulted in a breach of their right to the presumption of innocence. It therefore followed that their right to a fair trial had been violated.

The Constitutional Court however concluded that their right to trial by an independent and impartial court had not been violated and there was no reason to halt the criminal proceedings against the former judges.

Dr Joseph Giglio and Dr George Abela are counsel to Judge Arrigo while Dr Toni Abela, Dr Michael Sciriha and Dr George Cutajar are counsel to Judge Vella.