Correctional officer files constitutional application
A correctional officer at Corradino Correctional Facility yesterday filed a constitutional application claiming that his right to a fair hearing had been violated by the prison's disciplinary board. Last week, Emanuel Cassar filed an application in the...
A correctional officer at Corradino Correctional Facility yesterday filed a constitutional application claiming that his right to a fair hearing had been violated by the prison's disciplinary board.
Last week, Emanuel Cassar filed an application in the First Hall of the Civil Court asking the court to issue a warrant of prohibitory injunction to halt internal disciplinary proceedings against him on grounds that he was being denied his right to legal representation.
Madam Justice Abigail Lofaro provisionally upheld the request.
In the constitutional application, Mr Cassar said he had been summoned before the prison's disciplinary board to face a number of charges. Although he had asked to be assisted by his lawyer, the request was dismissed by the competent authorities.
Mr Cassar said such refusal was in violation of his fundamental human right to a fair hearing, as the disciplinary hearing was of a penal nature.
The First Hall of the Civil Court was asked to declare that the director of CCF and the Attorney General had violated Mr Cassar's rights and to provide him with a remedy.
Lawyers José Herrera and Veronique Dalli signed the application.