Former judges' trials to start within two months

The trials of former judges Noel Arrigo and Patrick Vella, who are charged with accepting bribes, will be held separately within the next two months.

The first trial will be that of former judge Patrick Vella which is to start on March 13.

Practically a month later, on April 18, the trial of former Chief Justice Noel Arrigo is expected to start.

Both trials will be presided over by Mr Justice Giannino Caruana Demajo after the former judges opted to be judged by the bench, rather than by a panel of jurors.

They were arraigned on August 4, 2002. They have since started a series of legal proceedings that saw them through various courts, ranging from the Magistrates' Court to the European Court of Human Rights.

The judges had been charged with two counts of bribery and with revealing official secrets in connection with a judgment handed down by the Court of Criminal Appeal against drug trafficker Mario Camilleri.

They then filed a case in the First Hall of the Civil Court arguing that comments by the then Prime Minister Eddie Fenech Adami during a press conference on August 1, 2002, were in breach of their fundamental human rights.

In a December 4, 2002 judgment, the Civil Court held that the declarations by the Prime Minister could not be considered as statements of guilt and declared that the judges' fundamental rights had not been breached.

The Civil Court directed the Magistrates' Court to continue hearing the compilation of evidence against the judges.

They then appealed to the Constitutional Court and, in a judgment on October 29, 2003, this court revoked the decision.

The Constitutional Court ruled that the judges' right to a fair trial had been violated on the basis of the violation of the presumption of innocence at the news conference given by the Prime Minister.

The Constitutional Court, however, concluded that as the judges' fundamental human right to trial by an independent and impartial court had not been violated, there was no reason to halt the criminal proceedings against them.

They then took their case to the European Court of Human Rights arguing that their right to be tried by an impartial and independent tribunal had been breached, their presumption of innocence had not been respected and their case was not redressed in an effective manner.

In May 2005, the European Court rejected the three complaints and declared their application inadmissible.

Meanwhile, the Attorney General drew up a separate bill of indictment against the former judges who are being charged with accepting bribes, trading in influence and committing a crime they were in duty bound to prevent.