Second Magistrate ignores statement by suspect denied access to lawyer

A second magistrate has decreed that when deciding on a case, he would not be considering a police statement taken from a suspect who had not been given access to a lawyer.

Magistrate Giovanni Grixti’s ruling follows a landmark decision by Magistrate Marseann Farrugia last week.

She acquitted Alvin Privitera of drug trafficking because the only evidence against him was an admission in his statement that was found to be in breach of his human rights because he had no access to a lawyer. In his decree yesterday, Magistrate Grixti said he was considering the police statement released by the accused, Mark Lombardi, as null. Mr Lombardi stands charged with dealing in drugs in 2003.

The magistrate noted this was not the first time he had to deal with something of the sort, such as irregular documents being presented to the court as evidence and then having to decide on their admissibility.

He also noted that, when the case was being heard, he had remarked to the prosecution that there was no need to exhibit a statement unsigned by the accused because the court would not take it into account anyway.

Even though in some instances such statements were still exhibited, Dr Grixti said he never took them into consideration when handing down judgment.

The case against Mr Lombardi would continue but the police statement would not be considered as evidence, the magistrate said.

Lawyers Stefano Filletti and José Herrera appeared for Mr Lombardi.