Man wins compensation for 'justice delayed'

A man was yesterday awarded €12,000 in compensation after a court ruled that his fundamental human rights had been violated as a result of an eight-year delay in the criminal proceedings filed against him.

Mr Justice Lino Farrugia Sacco delivered the judgement following a constitutional application filed by Francis Said against the Attorney General.

Mr Said told the court that he had been arraigned in December 1997 and charged with offences relating to corruption as a public officer.

His criminal case had been decided in March 2006 after over eight years had elapsed with Mr Said acquitted of all charges against him.

This delay, said Mr Said, was unjustified and constituted a violation of his fundamental human right to a fair trial within a reasonable time.

He requested the court to grant him a remedy.

Mr Justice Farrugia Sacco said that each individual had a right to a speedy trial. The accused ought not to be left in a state of uncertainty for too long a time and a speedy trial was necessary to safeguard the right of the accused to mount a defence.

Each case had to be decided on its own merits and facts and there was no objective limit to the length of time that could be taken for a case to be concluded.

The court added that the delays in court were due to a lack of sufficient judges as this meant that trials by jury could not be appointed fast.

The judges' workload was also excessive.

Much of the blame for this situation had to be lain at the door of the government, said the court, for justice delayed was justice denied.

However, some of the delay was attributable to Mr Said's actions.

In this particular case the court found that a delay of eight years was unacceptable and that it constituted a violation of Mr Said's human rights. The government was ordered to pay €12,000 to Mr Said.