Man wanted in Australia claims human rights violation

A man who is scheduled to be extradited to Australia over allegations of violent indecent assault and rape of a 14-year-old girl yesterday filed a constitutional application claiming that his right to a fair hearing had been breached by the magistrate presiding over his extradition proceedings.

John Mary Chircop, 41, claimed he was unable to communicate with his defence counsel to prepare his defence.

The man is wanted in Victoria, Australia for allegedly assaulting and raping his stepdaughter between November 1, 2003 and September 8, 2004.

In his application he claimed that the magistrate presiding over his extradition proceedings ignored his statement, made at the beginning of the proceedings, that he was not fit to stand trial. Instead, the man added, the magistrate proceeded to hear evidence by the prosecution.

Mr Chircop was examined by a team of experts to determine whether he was fit to stand trial after the magistrate heard the evidence. The psychiatrists had concluded he was fit to stand trial.

However, Mr Chircop claimed that the fact that the extradition proceedings continued while the psychiatrists were preparing their report breached his right to a fair hearing.

Thus, he called on the Constitutional Court to provide remedies.

Patrick Galea, Philip Galea Farrugia, Michael Tanti Dougall and Jacqueline Tanti Dougall signed the application.