Pig breeder's case undecided after 13 years

A man was yesterday awarded Lm2,000 in compensation after a judge ruled that a 13-year delay in the criminal proceedings filed against him was excessive and in breach of his fundamental human rights.

The judgment was delivered by Mr Justice Tonio Mallia, presiding over the First Hall of the Civil Court in the constitutional application filed by Daniel Bonnici against the Attorney General.

Mr Bonnici told the court that in 1993 he had been arraigned before the Magistrates' Court on various charges relating to pig breeding and violations of sanitary laws.

After the presiding magistrate heard evidence produced by both prosecution and the defence, the case was put off for judgment on January 22 1996. But, to date, judgment had not been delivered.

This delay, Mr Bonnici insisted, was unacceptable and had caused him to suffer much distress. The delay could not be deemed justifiable, for the case against Mr Bonnici was not of a complicated nature.

Mr Justice Mallia declared that there was no doubt that a delay of 13 years in criminal proceedings was excessive. The case was not particularly complex and had not involved much evidence. This notwithstanding, the case had been put off for judgment 11 years ago but judgment had not yet been delivered.

As a result, the court ruled that Mr Bonnici's fundamental human rights had been violated.

When considering what remedy to award Mr Bonnici, Mr Justice Mallia said that, in the circumstances, he did not believe it would be opportune to declare the criminal proceedings against Mr Bonnici to be concluded.

This was because the charges against Mr Bonnici involved public health issues. Neither did the court wish to grant some privilege to Mr Bonnici. As a result, a monetary remedy was opportune.

The court took into consideration that the delay suffered by Mr Bonnici was excessively long and unjustified, and the fact that the charges were of a criminal nature. The delay had caused Mr Bonnici to suffer frustration, despair and anxiety.

On the other hand, Mr Bonnici had not taken any measures to expedite the proceedings against him.

Mr Justice Mallia awarded Mr Bonnici Lm2,000 by way of a remedy. Mr Bonnici's right to take further action in the event that there were further delays in the criminal case against him were reserved.

Lawyers Roberto Montalto and José Herrera appeared for Mr Bonnici.