Suspect loses bid to be released

The Criminal Court yesterday turned down an application filed by the defence lawyers of Joseph Lebrun who is charged with involvement in the importation of seven kilogrammes of heroin last June.

On November 23, 2005, Mr Lebrun, 48, of Marsascala, was cleared of all charges after a magistrate ruled that the prosecution had failed to prove his involvement to the level required by law.

However, in early December the Attorney General, according to the powers conferred to him, issued a warrant of arrest against Mr Lebrun for the criminal proceedings to continue despite the Magistrates' Court's decision.

On the strength of the warrant, Mr Lebrun was re-arrested and the case against him continued.

In the application filed before the Criminal Court, Mr Lebrun's lawyers argued that over a month had passed since Mr Lebrun's re-arrest yet the Attorney General had not filed for his indictment according to law. They called on the Criminal Court to order his release.

Chief Justice Vincent Degaetano, sitting in the Criminal Court, turned down the application as he ruled that the Attorney General had not acted in breach of the law as he had shouldered his foremost responsibility to ensure that the documents in the Magistrate's Court (in front of which Mr Lebrun's case was being heard) were comprehensive.

Lawyer Stephen Tonna Lowell represented the Attorney General's office.

Lawyers Franco Debono, José Herrera and Joseph Giglio were defence counsel.