Hunter claims breach of fundamental right

A man yesterday filed a constitutional application claiming his right to a fair and impartial hearing had been breached when a magistrate handed down a jail term after having agreed with both parties that, in case of a guilty plea, the punishment would be a fine.

In the application, filed in the First Hall of the Civil Court, Mario Spagnol explained that he had been charged with shooting at and killing three swans in St Thomas Bay, Marsascala.

During the compilation of evidence, the defence lawyers and the prosecuting officers started to negotiate on punishment and the presiding magistrate was informed. Eventually both parties met before the magistrate to make submissions on punishment and the magistrate suggested that, in case of a guilty plea, the punishment would be a fine as opposed to a jail term. It was in this context that Spagnol admitted and the case was put off for judgment.

But in a judgment handed down on October 14, 2004, Spagnol was jailed for six months, his boat was confiscated and he was banned from holding a hunting licence for five years.

Spagnol appealed the Magistrates' Court's judgment and, after hearing the prosecuting officer confirm the agreement reached before the magistrate, the Court of Appeal turned down the appeal.

Spagnol said he felt misled after being given the false impression that an admission would lead to a fine when it actually led to a jail term. In his belief, his right to a fair and impartial trial had been breached.

For his reason he called on the court to declare that both the Magistrates' Court's and the Court of Appeal's judgments were in breach of his rights. He also asked the court to declare the judgments null and order his release from jail.

Dr Roberto Montalto and Dr José Herrera signed the application.