Man pleads mistrial over Gozo death

A man found guilty over the death of his aunt yesterday asked for his conviction to be declared null based on the fact that he did not have access to a lawyer during police investigations.

His lawyer argued that this constituted a fundamental breach of his human rights and led to an unfair trial.

Ivan Cauchi, 29, of Xewkija was found guilty of causing grevious bodily harm which led to the death of his aunt Elizabeth, 58, on the night of February 24, 2004 at her home and was sentenced to 20 years in prison during his trial by jury in July 2007. Other people are suspected of being involved in the crime but have not yet been found.

In the constitutional application filed yesterday, Mr Cauchi said that following previous court judgments which ruled that lack of access to a lawyer was in breach of fundamental rights, he felt this issue had affected his trial and caused irreparable damage to his defence.

The principal evidence in the trial included two incriminating statements he gave to the police and testimony by the policemen present when the statements were given.

These statements were taken without a lawyer being present and this was in violation of his human rights since they were shown to the jurors and prejudiced his defence, Mr Cauchi said in the application.

He requested the Constitutional Court to declare a mistrial and provide an effective remedy.

Lawyer Veronique Dalli signed the application.

This is the second time a person involved in a murder case has filed a constitutional case on the same grounds. The first was last month by George Pace, 60, also known as Il-Berqa of Birkirkara, who is only a few months into a 30-year jail term. He was convicted over the killing of Nazzareno Ebejer, 66, at L-Aħrax in Mellieħa, who was shot in the head and chest at point blank range on April 10, 1989.

A decision on his application is pending.