Norman Lowell incitement case shelved

The case instituted by the police against Norman Lowell, founder of the far right movement Imperium Europa, for allegedly inciting racial hatred, has been effectively shelved after the court put off the case sine die because "the prosecution failed to turn up in the case".

Last June Mr Lowell was charged with two counts of inciting racial hatred, for which he could have faced an 18-month jail term.

Mr Lowell was accused of inciting racial hatred by posting a reply to a message on a Website on October 25, 2002 and for the way he spoke at a meeting in Safi on January 22 last year.

During the first hearing, the prosecution presented its evidence. The defence objected to some of the evidence produced and the court ruled this was admissible. The defence was due to start presenting its evidence.

But in a sitting on May 4, the court, presided over by Magistrate Giovanni Grixti, said the prosecution failed to turn up and said the case could not be allowed to drag on. It further decreed the case could not be reopened unless the prosecution gave a valid reason why it was absent.

Contacted for a reaction, Police Commissioner John Rizzo said the police had already filed an application to reactivate the case. He expressed surprise that the case was put off sine die as "the prosecution was always represented for each and every hearing either by the prosecuting officer or by an inspector."

"The case was never put off due to the absence of the police. The prosecution concluded its evidence on June 30 last year and the, case was adjourned on several occasions on pleas raised by the defence counsel."

"When Superintendent Peter Paul Zammit could not be present because of other work, Inspectors Stephen Mallia, Sharon Tanti and Kevin Borg represented the prosecution in some of the sittings. At the May 4 sitting, Inspector Borg was present but the court put off the case indefinitely. The court also ordered that the case was to resume upon a formal request filed by the prosecution by means of an application to the court. The request has already been filed," Mr Rizzo said.

Dr Emy Bezzina and Dr Ian Farrugia appeared for Mr Lowell.