The Constitutional Court declared today that the rights of an 18-year-old had been violated when he was not given access to a lawyer before he was interrogated, and a statement he had made to the police was, therefore, null and without effect.

This was the first decision of its kind in Malta involving an adult.

At the time when this case took place, in 2007, provisions on legal assistance to arrested persons had still not been brought into force, but Malta was party to the European Convention on Human Rights.

Mr Justice Raymond C Pace delivered the judgement following a constitutional reference made by the Magistrates' Court, which is hearing criminal charges against Alvin Privitera.

Mr Privitera was arraigned in court on drug charges in April 2009 but defence counsel Franco Debono claimed that the fact that his client had not had access to a lawyer when he was arrested was in violation of his right to a fair hearing.

The presiding magistrate proceeded to remit the issue to the First Hall of the Civil Court for a decision on the constitutional issue raised.

Mr Privitera had been arrested at his home in Fgura in April 2007 after he was strip searched in the presence of a number of policemen. When he was taken to Police Headquarters he was not interrogated for 17 hours. No explanation of the reasons for his arrest had been given to him and he was not aware of the seriousness of the charges against him.

He was interrogated over a period of two days, during which he was never assisted by a lawyer.

Mr Justice Pace said that this was the 18-year-old's first experience with the police and all this made an impression on him so that it appeared that he had, as a consequence, made a statement to the police.

The Court said that caselaw of the European Court of Human Rights had established that the right to a fair hearing required that the accused be given the benefit of the assistance of a lawyer even at the initial stages of police interrogation. The lack of such assistance would constitute a restriction of the accused's defence rights.

Mr Justice Pace declared that the fact that the accused had not been assisted by a lawyer was in violation of his fundamental human rights and his statement to the police was therefore null. The court ordered that a copy of the judgement be sent to the magistrate hearing Mr Privitera's criminal case.

Therese Comodini Cachia and Charmaine Cherrett also represented Mr Privitera before the Constitutional Court.

Lawyer Josette Demicoli appeared for the governemnt.

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