Updated: 'Victims did not want to halt court proceedings' - PN
Defence counsel reacts
The Nationalist Party has called on the authorities to take steps according to law against two defence lawyers who work in the legal office of Angelo Farrugia & Associates for telling the Magistrates’ Court that Joseph Brownrigg and Grezzju Bondin were halting procedures against their clients.
The defence counsel in a reaction denied the PN claims.
The PN said in a statement that the case was related to incidents which had taken place outside a polling station at Zejtun during the European Parliament elections last June.
Mr Brownrigg and Mr Bondin were allegedly attacked by Labour supporters, including Edwin Bartolo, known as il-qahbu, outside the polling booth.
The case was due to be heard at 11.30 a.m. today but when the lawyers representing Mr Brownrigg and Mr Bondin arrived in court well before the appointed time, they were informed that the case had already been heard and it was declared that the proceedings had been exhausted.
The court had halted the proceedings because it was informed by the lawyers representing the accused that the alleged victims did not want to proceed. This was absolutely not the case, the PN said.
The party condemned this behaviour and called on the authorities to take action according to law.
DEFENCE COUNSEL'S REACTION
Dr Edward Gatt, defence counsel for the accused Edwin Bartolo and Salvatore Mifsud explained to timesofmalta.com that his clients had been summoned to appear in court at 9 a.m. Also present were two police inspectors for the prosecution.
Dr Gatt recalled that at the original arraignment, the accused were presented to court under arrest even though this was an alleged contravention and not a crime and they should not therefore have been arraigned under arrest.
Today, they had appeared as summoned at 9 a.m. At 11 a.m. he was instructed by his clients that the other parties and themselves had settled the issue. When the case was called, he told the Court that he had been told that the case was settled. Dr Gatt said that he himself had asked the Court to call the parties to confirm that the case had been settled. The police called the injured parties but they never showed up.
The inspectors never asked to give evidence and did not exhibit the summons to prove that the parties were informed about the sitting. In such circumstances, where the parties did not appear, the court said that the proceedings were extinguished and acquitted the accused.
Dr Gatt strongly denied that he ever misguided the court, and what had taken place only happened because the other parties did not appear before the court and the police had also not contradicted him.
PN PUBLISHES SUMMONS
The Nationalist Party in reaction to Dr Gatt's comments this evening published a copy of the summons showing that the case was scheduled for 11.30 a.m.
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Dr Francis Saliba
Nov 6th 2009, 13:09
It is not enough for the Chamber of Advocates to reassure the public that the lawyers involved in this case acted according to the book. Honest citizens who are ordered to cancel their activities so as to appear in court to give evidence must not be subjected to the humiliation of finding that, when they attend as instructed, the case has already been decided. The abuse in serving summons always to the benefit of the accused happens all too often for it to be dismissed as an honestly recurring “mistake”. In my own very limited experience one case was decided in this fashion because the vital prosecution witness had not been served with a summons for that particular sitting, in another case the only prosecution witness, a traffic policeman was persuaded by a lawyer for the defense to make himself scarce when the case was called and a third traffic case was decided in the absence of the defendant when that wrongly charged person was under instruction from the Board of Petitions itself not to attend any court sittings relating to the case as long as the Petitions Board was still investigating the case.
Dr Francis Saliba
Nov 6th 2009, 07:08
@GonziPN
Honest citizens who are summoned to appear in court to give evidence must not be subjected to the humiliation of finding that, when they are not at fault, that the case had already been decided without their having been called to testify by some legal loop hole played out by the minions of the court.
GiovDeMartino @GONZIPN
Nov 4th 2009, 15:38
Nispera li l-Partit ma jhallix din ukoll taqa' fuq ommha ghax inkella veru li nkunu morna l-bahar. Xbajna nisimghu b"allegati abbuzi, bil-pulizija fi hsiebhom jiehdu passi u kollox jibqa' sejjer qisu ma gara xejn. Aqraw il-Mument kull nhar ta' hadd u taraw hux qed nghid sewwa. Jekk, ghallinqas, ma jkunx kollu gideb.