The double murder trial of Brian Vella, scheduled to start for a third time on Monday, was pushed back by one week by which time the outcome of a constitutional application should be known.

Mr Justice Joseph Galea Debono ordered that the trial by jury be postponed to June 12 "as a measure of prudence" pending developments in a constitutional application filed by Mr Vella.

Earlier this year Mr Vella had filed a constitutional application in the First Hall of the Civil Court claiming that his right to a fair hearing would be violated if criminal proceedings against him continued in the Criminal Court.

Mr Vella is accused of the double murder of an elderly couple at their home in Santa Lucija on February 17 six years ago.

Mr Vella had been arraigned three years ago, and his case went to the Criminal Court in February 2004 for him to undergo a trial by jury.

The Criminal Court had dissolved the trial after ruling that the testimony of a co-accused, who had admitted his involvement, was not admissible.

A second trial, appointed for last January, was also dissolved as Police Commissioner John Rizzo was deemed to have given evidence considered prejudicial to the accused.

The Criminal Court had again set a date for Mr Vella's trial, which was to commence on Monday.

But Mr Vella yesterday filed an application in the Criminal Court requesting that Monday's trial be postponed. He argued that holding a trial before the constitutional case was decided would lead to irremediable prejudice against him, irrespective of the verdict.

He added that changing the date of his trial would not interfere with the court's timetable as he was aware that another trial had been scheduled to start on Monday.

After evaluating the application and the Attorney General's reply, Mr Justice Galea Debono delayed the trial by a week.

Lawyers Angelo Farrugia and Kris Busietta represented Mr Vella.