A man charged with double murder whose trial has been dissolved on two occasions yesterday filed an application claiming that trying him a third time would be in breach of his fundamental rights as his presumption of innocence could no longer be guaranteed.

Brian Vella, 35, filed his application in the First Hall of the Civil Court, requesting the court to order that his trial - which was scheduled for this year - was not to take place.

Mr Vella is to stand trial for the murder of Gerald and Josephine Grima, who where found bound and gagged in their apartment in Sta Lucija on February 17, 2000.

In the application he explained that his trial by jury had been dissolved on two occasions: on February 4, 2004 and again on January 10 this year.

In the second trial, media had reported and commented with prominence on the testimony of Police Commissioner John Rizzo who had made reference to Mr Vella's criminal past.

The presiding judge had ruled that Mr Rizzo's testimony amounted to a direct reference to the previous criminal conduct of the accused and, as it was known, the criminal recorded of an accused was not to be made known to jurors unless it was specified by law.

In the application Mr Vella said that, with all due respect, he could not undergo trial when his fundamental right to the presumption of innocence was not guaranteed for several reasons.

He said he had suffered irreparable prejudice as the evidence of Mr Rizzo had been published and broadcast extensively in the media. He had already started facing trial twice before and there was no person in Malta who had not heard of his case and who, consequently, was not prejudiced one way of another.

Lawyers Anglu Farrugia and Kris Busietta signed the application.