Drug pusher claims human rights violation

A man sentenced to nine years imprisonment for drug related charges yesterday filed a constitutional application in the First Hall of the Civil Court claiming that his fundamental human right to a fair hearing had been violated. Simon Xuereb said in his application, filed against the Attorney General, that on April 20 he had been jailed for nine years and fined Lm10,000 by the Magistrates' Court as a court of criminal judicature on charges of conspiracy, importation and trafficking in cocaine. He said the Attorney General had ordered that he undergoes trial by jury in the Criminal Court. As a result, the process of compilation of evidence commenced. At the end of this process the magistrate had found there were sufficient grounds for the accused to face trial and the records of the proceedings were sent to the Attorney General's office according to law.

Mr Xuereb argued that, on the date in which his trial was due to commence, the Attorney General had filed a counter-order in the sense that the accused was to be tried by the Magistrates' Court as a court of criminal judicature.

Mr Xuereb explained that until the date of his trial, his defence counsel had entered into a plea bargaining exercise with the prosecution and the parties had signed a document in which a prison sentence was suggested. This document was exhibited by the prosecution before the Magistrates' Court even though, at that stage, Mr Xuereb had not registered his admission to the charges with which he had been charged.

The accused had then asked the Magistrates' Court to allow him to produce evidence in his defence but this request was dismissed. The case was put off for judgment without Mr Xuereb ever having been granted the opportunity to participate actively in the criminal proceedings against him.

Mr Xuereb thus took his case to the Court of Criminal Appeal complaining that he had not been given the opportunity to defend his case before the court of first instance.

He had also asked the Court of Criminal Appeal to allow him to present evidence in his defence but this request was dismissed.

Lawyer Roberto Montalto and Dr José Herrera signed the application.