The Criminal Court of Appeal has declared null an appeal by Normal Lowell from a Magistrates’ Court judgement which had found him guilty of inciting racial hatred and insulting the President of Malta in speeches in Rabat and Qawra in 2006. He had been handed a two-year jail term suspended for four years, and fined €500.

The Appeals Court declared the appeal application null and and abstained from further consideration of the case.

In comments outside the court, Mr Lowell, leader of the right-wing Imperium Europa party, said “the fight for liberty goes on”.

His defence counsel, Emy Bezzina, said the court had rejected the appeal on a technicality, finding that the statement of facts was too brief. The court, he said, had not gone into the merits of the case, which centred on freedom of expression.

He said that as a consequence of this decision, the suspended jail term now became operative. As a result, Mr Lowell would not be allowed to stand as a candidate for the European Parliament elections in June.

Dr Bezzina said this was viewed by Mr Lowell as a denial of his rights in a democracy, and a constitutional case would be filed.

He said that if needed, the case would also be taken before the European institutions.

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