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Court turns down Security Service objections to production of wire tapping warrant

The First Hall of the Civil Court has upheld a decision by the Magistrates' Court ordering the Security Service to produce warrants authorising it to wire tap the phone calls of a person who stands charged with wilful homicide.

The decision, thought to be a first, was taken as part of the compilation of evidence in a case filed against Marco Pace, known as Il-Pinzell.

The Security Service and the prosecution had strongly objected to the request when it was first made to Magistrate Consuelo Scerri Herrera.

Earlier in the proceedings the prosecution had exhibited tape recordings of the wire tabs after the magistrate had ordered it by decree.

When the court upheld the request for the warrants to be exhibited, the prosecution and the Security Service filed an application calling on the court to revoke its decree.

Magistrate Scerri Herrera stood by her decision and said the issue could be decided by a higher court.

However, Mr Justice Giannino Caruana Demajo, sitting in the First Hall of the Civil Court this morning denied the request to revoke the decree, saying the lower court was correct in uphold the request for the warrants to be produced.

Defence counsel Manuel Mallia later explained to the press that warrants needed to be issued before the Security Service wire tapped phone conversations of people suspected of having commited a crime. This judgement, he said, constituted a safeguard against unauthorised wire tapping.

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