Man in pig breeding case claims human rights violation

A man, who first stepped into court 11 years ago to answer to charges brought against him, has filed a constitutional application arguing that the "unreasonable and unjustified" time lapse in his regard amounted to a breach of his human rights.

In an application filed in the First Hall of the Civil Court in its Constitutional Jurisdiction, Luqa Farrugia explained that on March 18, 1994 he had been charged with breeding pigs without a licence. By November 7, 1994, the prosecution and the defence declared they had no more evidence and on February 27, 1995, the case was put off for judgement. But almost 11 years on the case had not yet been decided.

Farrugia claimed he had appeared in court on several occasions hoping his case would be decided. The delay, he said, could not be attributed to him as he always turned up when asked to. Moreover, the case was not of a complicated nature as there were five witnesses in all.

He added that the time lapse was unreasonable and unjustified and in breach of his fundamental human rights and called on the court to declare that the court proceedings before the Magistrates' Court (as a Court of Criminal Judicature) were in breach of his rights to an independent and impartial hearing within a reasonable time.

Farrugia also asked the Constitutional Court to declare proceedings to be in violation of the European Convention and provide him with a remedy.

Dr Roberto Montalto and Dr José Herrera signed the application.