Magistrate orders proceedings to stop pending judge's ruling

A magistrate yesterday ordered the stay of criminal proceedings against Joseph Lebrun who is charged with involvement in the importation of seven kilogrammes of heroin last June.

Magistrate Antonio Mizzi upheld the request made by Mr Lebrun's defence counsel. After referring the case to the First Hall of the Civil Court in its constitutional jurisdiction, the magistrate also ordered the stay of the compilation of evidence against Mr Lebrun, pending a decision by the First Hall.

Mr Lebrun's legal battle started last September 6 when he was arraigned and charged with conspiring to deal in heroin and importing and trafficking in the drug on and before June 6, 2005.

He was the fourth man to be charged in connection with the drug find. The other three were Silvio Buttigieg, 32, of Cospicua, Angelus Vella, 52, of Cospicua and Jason Said, 32, of Fgura.

Last November 23, 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 re-arrest against Mr Lebrun so that the criminal proceedings could continue despite the decision by the Magistrates' Court.

That same day, Mr Lebrun's defence team filed a judicial protest claiming that the warrant of re-arrest was in breach of his fundamental human rights and was also in breach of the Constitution and the European Convention. This was because, on issuing the warrant, the Attorney General had filed a form of appeal against the decision of the Magistrates' Court in the absence of the accused and in a context where the Attorney General was free to select a judge at random to sign the arrest warrant.

On the strength of the Attorney General's warrant, Mr Lebrun was re-arrested and the case against him continued before Magistrate Mizzi.

Mr Lebrun's defence counsel asked the magistrate to refer the proceedings to the First Hall of the Civil Court in its constitutional jurisdiction as, the defence argued, their client's rights were being breached.

The defence also asked the magistrate to stay the proceedings before him, that is the compilation of evidence, until the First Hall handed down its decision.

Magistrate Mizzi upheld both requests and ordered the stay of the proceedings.

Police Inspectors Norbert Ciappara and Dennis Theuma are prosecuting.

Lawyers Franco Debono, José Herrera and Joseph Giglio are appearing for Mr Lebrun.