Court dismisses complaint on violation of right to fair hearing

A court this morning dismissed a complaint that a man convicted of bribing two judges had suffered a violation of his right to a fair hearing.

Anthony Grech Sant was in July sentenced to 20 months imprisonment after he was found guilty of bribing two members of the judiciary.

He filed his constitutional complaint against the Attorney General based on the fact that the period of time he had spent in house arrest pending trial was not deducted from his prison sentence.

This, he argued, was discriminatory as persons who were in preventive custody in prison had their prison sentences reduced accordingly.

Mr Justice Joseph Micallef heard that in August 2002 Mr Grech Sant had been arraigned in court on charges of bribing two judges.

He was released on bail in the following September under house arrest at his own request.

Although the house arrest was at first absolute, various court decrees extended the periods of time in which Mr Grech Sant could leave his house.

In October last year Mr Grech Sant was sentenced to three years imprisonment but this sentence was reduced to 20 months by the Court of Criminal Appeal last July.

The right to a fair hearing, said the court, continued to apply to the end of any appeal proceedings against conviction.

It did not apply to trial or appellate proceedings insofar as they concerned the sentencing of a convicted person. The right to a fair hearing dealt only with the proof of guilt and not with the kind or level of punishment.

When referring to Mr Grech Sant’s claim that he had been discriminated against, the court ruled that a difference in treatment was discriminatory if it had no objective or reasonable justification.