The First Hall of the Civil Court yesterday dismissed a constitutional application filed by Brian Vella - who is charged with the double murder of an elderly couple - on the grounds that he had other remedies at his disposal.

Mr Vella had told the court, presided by Mr Justice Joseph R. Micallef, that his right to a fair trial was going to be violated as he was due to once again stand trial by jury before the same criminal court which had presided over a previous jury trial which had been dissolved on two occasions.

Mr Vella is accused of the murder of Gerald and Josephine Grima at their home in Sta Lucija on February 17, six years ago.

Mr Vella was 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 when 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 start last Monday.

But on June 2 Mr Justice Joseph Galea Debono ordered that the trial by jury be postponed to next Monday "as a measure of prudence" pending developments in a constitutional application filed by Mr Vella.

In his constitutional application, filed in the First Hall of the Civil Court, presided by Mr Justice Micallef, he argued that the start of his third trial would be in breach of his rights.

The Attorney General and the Police Commissioner submitted that Mr Vella's case should be dismissed by the court on the basis that he had other remedies available apart from this constitutional application.

The court declared that after hearing the evidence, it was satisfied that Mr Vella had other remedies and that the criminal proceedings against him had not been irremediably compromised.

The court added that it would be rash if it were to examine Mr Vella's case further, for by so doing, it would be anticipating scenarios and behaviour that might not take place.

Mr Vella's application was therefore dismissed, which means that his third trial may start on Monday.

Lawyer Cynthia Scerri Debono represented the Attorney General and the Commissioner of Police. Lawyers Anglu Farrugia and Kris Busietta were counsel to Mr Vella.