Judge rejects human rights violation claim

A court ruled that the rights of a man charged with involvement in the importation of seven kilogrammes of heroin last June were not breached.

Joseph Lebrun, 48, of Marsascala had filed an application in the First Hall of the Civil Court, in its constitutional jurisdiction, claiming that his right to a fair hearing had been breached when the Attorney General (AG) ordered that there were sufficient reasons for his indictment although the Magistrates' Court had just ruled otherwise.

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.

In November, the Magistrates' Court cleared him of all charges on the grounds that the prosecution had failed to prove his involvement to the level required by law.

However, in December, the AG, according to the powers conferred to him, issued a warrant of re-arrest against Mr Lebrun arguing there were sufficient reasons for his indictment. This meant his case was to continue in the Magistrates' Court. Mr Lebrun then filed a constitutional application saying that the AG's actions were in breach of his rights.

Meanwhile, the Magistrates' Court ordered the stay of criminal proceedings against Mr Lebrun, pending a decision by the First Hall.

In its judgment on Tuesday, the First Hall - presided over by Mr Justice Tonio Mallia - ruled that Mr Lebrun's rights had not been breached by the actions of the AG.

Police Inspectors Norbert Ciappara and Dennis Theuma are prosecuting.

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