Former warder Anthony Mifsud claims compensation for unjustified court delays
Compensation for rights violations still not paid
A former prison warder, Anthony Mifsud, has filed a constitutional application seeking compensation over undue delays in two court cases which stemmed from his three-year arrest following the escape of two prisoners from Corradino.
Mr Mifsud had been arrested on June 11, 1982 after the escape of Louis Bartolo and Ahmed Khalil Habib, both of whom were facing murder charges at the time. He had been kept under arrest at the police headquarters up to June 15, when he was taken in court and accused of being an accomplice in the prison escapes.
He was refused bail and remained under arrest until June 19, 1985 when the court declared him not guilty. The court had also found that his rights to a fair hearing within a reasonable time had been violated. His right to be presumed innocent until proven guilty had also been violated.
A court in 2008 had ordered compensation of €186,349 after finding that Mr Mifsud had been tortured during police interrogation. In his application today Mr Mifsud said this compensation had not yet been paid.
Mr Mifsud in today's application said that a criminal case he had instituted in May 1987 against Supt Carmelo Bonello, Supt Joseph Psaila, and the Commissioner of Police for subjecting him to inhuman treatment had dragged on from 1987 to 2008.
He said that the delays in the conclusion of the two court cases were unjustified and had caused him damages, for which he was seeking compensation.
See also: Ex-prison guard wins over €180,000
http://www.timesofmalta.com/articles/view/20081031/local/ex-prison-guard-wins-over-euro-180-000
23 Comments
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S Vella
Mar 24th 2010, 16:51
@GiovDeMartino
Ghax sfortunatament it-taxpayer dejjem irid jaghmel tajjeb....jaghmilhom min jaghmilhom l-oxxenitajiet. Nisimghawhom ta kulljum fl-ahbarijiet ta...dan mhux l-uniku kas u mhux minn naha tal PL biss saru l-oxxenitajiet, imma sfortunatament it-taxpayer irid dejjem jaghmel tajjeb.
GiovDeMartino@ S Vella
Jan 15th 2010, 18:42
Veru miskin dal-bniedem, imma l-oxxenita prima saret taht il-lejber u riedu jkunu l-qrati li jaqtghu is-sentenza. Imma ghaliex ghandu jhallas it-taxpayer ghall-oxxenitajietr li saru minn haddiehor?
Anthony Pace Gouder
Jan 14th 2010, 10:36
JIdher li sal-ponta ta'mnieherhom biss jaraw certi nies. Gie-mixli A. Mifsud, u wara 3 Snin instab MHUX hati ? u hadd ma 'nstab hati , x' Misteru ? .... Kif !......
. ......Hallukom mill-PN jew l-MLP .
Possibbli li ghaddew seba w ghoxrin sena fejn ghadna qed nisimghaw b'din l-istorja !. Mhux ahjar naqtawgha, u ssir justizzja ma dan il-povru bniedem. Tinsewx il-hsara psikologika li ngustament ser jibqa jsofri !
S VELLA
Jan 14th 2010, 10:14
@ laurence schembri
If you read and understood what I wrote...I accused both political parties.MLP should be ashamed of what happened and PN for not giving this gentleman what is due to him to compensate for what he went through.
I ended my comment "FORGET POLITICS,ENFORCE JUSTICE FOR GOODNESS SAKE", what does that mean?
If you read the previous comments, other writers were poiticising the issue and for this gentleman its useless, all he wants is his compenstion, not pointing fingers at the political parties.
NO MATTER WHAT HE IS STILL SUFFERING!!
John Bonnici
Jan 14th 2010, 10:05
As if three years of physical torture and more than twenty of mental torture are not ENOUGH!
We as a nation should all be ashamed for not doing enough to stop this injustice and CRUELTY!
Please Hon. MInister for Justice stand up and be counted -
STOP THIS ATROCITY!
laurence schembri
Jan 14th 2010, 00:25
@ S Vella and Joe Borg
What has politics to do with what this man is due? Justice has been done and the guilty where punished. We are talking about a human being, please stop it.
D. Zammit
Jan 13th 2010, 23:38
Aren't the members of the Police Force personally responsible for their acts?
So, why don't the senior Police Officers responsible pay the bill?
marthese mussett
Jan 13th 2010, 20:26
Imma dal bniedem,li ghalija huwa l iktar ragel pacenzjuzfid dinja,ma batiex bizzejjed miskin.?TUH LUSU!!Ma ssaportiex bizzejjed,ha tkomplu thalluh ibati?Sur Mifsud,j Alla tiehu dak li haqqek malajr kemm jista jkun,
S Vella
Jan 13th 2010, 17:00
Xoghol, GUSTIZZJA, u liberta......
The PN is always innocent. LP should be ashamed of what happened to this poor gentleman when they were in power but PN made a campaign of his frameup and still he is not compensated after all he went through....shame on whoever is responsable. I dont know how these people sleep in tranquility!!
Two negatives never make a positive, its useless accusing MLP for their responsabilty, this gentleman is waiting for is compensation never mind he sill continue to suffer what he went through untill his last breath. Forget politics enforce justice for goodness sake!!
Joe Borg
Jan 13th 2010, 16:31
@Albert Farrugia:::Come on Albert it was the MLP of that year 1987 that this event happened, but you have blamed for nothing the PN whom had in fact not been involved. May I suggest that this Court fee should be paid from the account of the PN since it was their responsibility. No less and no more, for once bitten twice shy.....Shame on that gang of Police that had done such an act against an innocent person. Let's hope that this be not forgotten for they would be ready to do it again and again, if ever elected, and mark my words!!
J Farrugia
Jan 13th 2010, 15:28
@ Albert Farrugia - you hit the wrong tree. The PN was not responsible for what really happened to this man. It was under the much hated Labour government of Mintoff adn KMB that this man was almost killed by the then 'criminal' police. Inflicting massive damage to the LP. The MLP inflicted the damage itself by using dictatorial means and brutality against its own members and the people of Malta. That is why labour is still feeling the pain of those hated years. So dont try to pin the blame on those who were on the receiving end. Dont try to change history or history will change you.
Claudia Pecorella
Jan 13th 2010, 15:21
Sorry but who has to pay Mr. Mifsud - the goverment or the police force who were already found guilty and had to pay Mr. Mifsud over €180.000?
Gerald Cassar
Jan 13th 2010, 14:58
Mr Mifsud in today's application said that a criminal case he had instituted in May 1987 against Supt Carmelo Bonello, Supt Joseph Psaila,...
.
Do these names of police officials strike a cord when reading their name.
Perhaps there is a political reason for the manner Mifsud is treated.
Joe Morana
Jan 13th 2010, 14:15
Regrettably, it seems that in our country it is much easier and more rapid for a Maltese citizen to be granted a 'pardon' / amnesty, suspended sentences or sanctions/regularization for wrongdoings (e.g. crime , tax evasion, tax- non compliance, Armier squatters, illegal buiding etc), than for an honest citizen, acknoledged by the courts to be a victim of the malfunction of the State and who after decades of legal proceedings, be rightfully compensated for any wrongdoing by the State and/or its agencies. In our country it seems that crime pays!!?. Shame.
I express my solidarity with Mr Anthony Mifsud.
Albert Farrugia
Jan 13th 2010, 13:55
Shame on the PN! Shame, shame, shame! After milking this guy's misfortunes totally dry, after using him successfully to inflict massive damage on the LP, the PN government not only forces him to exhaust the lengthy legal proceeding to obtain compensation, but several months afterwards, this pittance of an award remains unpaid! Shame!! And the irony of it all is that in those cruel, rotten MLP days, it took "only" 3 years for Mifsud to be declared innocent. Yet this person has been made to wait for TWENTY-FIVE years, more then TWENTY
A.Schrmbri Adami
Jan 13th 2010, 13:39
Justice should be a prioroity to any authority!
Henry J Bonett
Jan 13th 2010, 13:23
As if this guy has not suffered enough. Why pile it up even more on him. For goodness sake pay him his due and allow him to live in peace and privacy as is the right of every citizen. What, but what are we waiting for!
A Camilleri
Jan 13th 2010, 13:17
Maaaaa hallieh jibda jghix dal bniedem miskin!!!!!! Xmisthija ta jaqqqq.......fejn hi gustizja!!!!!
J Farrugia
Jan 13th 2010, 13:15
Shame shame and once again shame on our courts of justice (sic). Their laziness means that the tax payer will have to bear the costs of their same laziness. Because it will be the same courts of justice which will order payment of an additional sum to this man. Maybe someone changes the law and put the magistrates and judges responsible for their laziness and lack of action.
Oscar Cassar
Jan 13th 2010, 13:12
Kuragg Sur Mifsud, ghalkemm certu kumpens zgur li qatt ma ser jisostitwixxi l-weggha li ghadejt minnhom int, nawguralek genwinament li ssir gustizzja mieghek u wara dawn is-snin kollha tinghata dak li verament jisthoqlok. Awguri.
t. borg
Jan 13th 2010, 13:05
All those who were ill treated should rightly be compensated by the state and those involved.
Eric Gahn
Jan 13th 2010, 12:59
When is this man going to be allowed to live? He keeps being betrayed and abused. This is Malta not some Banana Republic. Tal-MISTHIJA!!!!
laurence schembri
Jan 13th 2010, 12:44
For god sake pay the man, plus interests. You had enough money to spend on St. Georges Square. Shame on all involved in this case. Some six years ago Austin Gatt said on TV that Anthony will get what is due to him inte very near future.