Judge refuses to hear constitutional case

Mr Justice Geoffrey Valenzia, sitting in the First Hall of the Civil Court, yesterday declined to hear and decide a constitutional application filed by Philippa Elsallak against the Attorney General and the Police Commissioner.

Ms Elsallak told the court criminal proceedings on drug related charges, including drug trafficking, had been filed against her. She had been found guilty by the Magistrates' Court and had appealed to the Court of Criminal Appeal.

Ms Elsallak claimed that her fundamental human right to a fair hearing had been violated because two other persons who were considered to be accomplices in this crime were not admissible witnesses due to the manner in which the police had filed their charges.

She claimed that the police had only charged two accomplices after one year had elapsed as she had been arraigned under arrest. The prosecution had also renounced to the production of the two accomplices as witnesses in her case.

Ms Elsallak claimed that her fundamental human right to a fair hearing had been violated and she asked the First Hall of the Civil Court, in its constitutional jurisdiction, to provide her with a remedy.

But the court yesterday ruled that Ms Elsallak had other remedies at her disposal in terms of law.

Mr Justice Valenzia said it was clear that the appeal proceedings were still pending before the Court of Criminal Appeal. There was therefore no definitive judgment against Ms Elsallak, for the judgment of the Magistrates' Court could be revoked or altered.

The court ruled that as Ms Elsallak's case was subject to review by the Court of Criminal Appeal, she had other remedies in terms of the ordinary law. The court therefore declined to hear and decide the case.