Court awards man €1,500 for violation of right to fair hearing
A man has been awarded €1,500 in moral damages after a court found that his fundamental human right to a fair hearing had been violated in the course of criminal proceedings filed against him.
Joseph John Gatt filed his constitutional application in the First Hall of the Civil Court against the Registrar of Courts, the Permanent Secretary in the Justice Ministry and the Attorney General.
He told the court that following a complaint filed by his wife, he had been charged, in February 2000, with domestic violence. The proceedings against him took over seven years to be concluded and he was finally acquitted of all charges in October 2007.
Mr Gatt claimed that this delay in the judicial proceedings was in violation of his fundamental human right to a fair hearing within a reasonable time.
Mr Justice Joseph R Micallef noted that the criminal action against Mr Gatt had been beset with irregularities. The proceedings against him had commenced in a summary manner but the Magistrates Court had then ruled, in July 2007 when the presiding magistrate had been changed, that the case ought to have been heard in a compilation of evidence.
In October 2007 it was once again decided to hear and decide the case in a summary manner and the court delivered judgment acquitting Mr Gatt of all charges later that month.
In today’s judgment the court concluded that there was no reasonable justification for the delays in Mr Gatt’s case, nor did he bear any responsibility for the delay. The case was not a complex one.
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Joseph Vassallo
Jul 30th 2010, 08:29
Sean Grima said, "true, but had the maltese guy been awarded 12,000 euros, nobody would be complaining about public finances being wasted! but it does not matter that your human rights are violated, if you are not maltese!"
No, it doesn't matter if you are a trafficker of destitute human beings. It might, just might mind you, deter others from robbing these poor sods of the little they do have. Anyone guilty of serious infringements of that calibre, should automatically forfeit such protection.
Sean Grima
Jul 30th 2010, 12:52
a point worth pondering about.
H. Mifsud
Jul 30th 2010, 07:06
How about a PQ (parliamentary question) asking how many similar cases are still pending. Then perhaps Government would be in a position to make a provision in the next budget and raise our taxes further to make up for this gross mismanagement of our legal system.
Ernest Vella
Jul 29th 2010, 20:42
Dawn min ha jhallashom allura...il-poplu malti? ghax ma jaqtghuhomx mill-pagi ta min halla l-dan il-kaz jaqa lura?
ms ghoare
Jul 29th 2010, 17:51
Oh come on Sean Grima everywhere you read you are allways jumping up in favor of the illegal immigrants ,what are you getting out of this so you believe li din gustizzja us MALTESE are being treated worse then ILLEGALS as if we are not humans.
Somtimes it makes me wonder what 's in it for you !
F'Pajjizna u kullhadd jaghmlu li irdu bina
Sean Grima
Jul 30th 2010, 09:00
i do not understand why you are saying that we are being treated worse than immigrants. i certainly do not feel that way.
colin stanley
Jul 29th 2010, 16:04
I think that is discrimination against the Maltese, I'm sure that if it was the other way round, Mr.Grima, would have said,RACIAL DISCRMINATION
J. J. Borg
Jul 29th 2010, 17:59
You should educate yourself on what 'racial discrimination' is before throwing the phrase about in a meaningless way.
M Grech
Jul 29th 2010, 15:01
Tajba din! Mela nizbalja jien u nhallas jien, tizbalja l-Qorti u nhallas jien! U min kaxkar ghal seba' snin jitbissem fin fin.
Geoffrey Mifsud Farrugia
Jul 29th 2010, 15:00
So yesterday an illegal immigrant was awarded € 12,000 in damages for being kept a mere week over the 18th month limit and here we have a Maltese citizen who is awarded the ridiculous sum of € 1500 for having to wait 7 years to have his case in court heard and concluded!
Food for thought.
Sean Grima
Jul 29th 2010, 15:29
true, but had the maltese guy been awarded 12,000 euros, nobody would be complaining about public finances being wasted! but it does not matter that your human rights are violated, if you are not maltese!
Geoffrey Mifsud Farrugia
Jul 29th 2010, 16:02
public finances are being squandered and wasted day in day out...it all depends on who and for what. I can give you whole lists of events that were paid of from public finances in recent months that the country could have very well done without!
This person's human rights were violated too - 7 years is not an acceptable time frame for having your case decided especially in such a case as this one. i can justimagine what this guy had to go through during these 7 years.
Sean Grima
Jul 30th 2010, 08:59
yes i agree that his rights were violated and that he should be compensated too.