Updated: Two men acquitted because of lawyer's absence during interrogation

Two men were today acquitted from charges of drug possession because they were not accompanied by a lawyer during interrogation.

In the first case, a minor was today acquitted from charges of drug possession in February 2005.

His police statement was the only evidence produced in court.

The minor's legal battle started in the Magistrates' Court where he asked for a referral to the Constitutional Court, which ruled that right to legal assistance during interrogation formed part of the fundamental human right to a fair hearing.

The constitutional court remitted the case to the Magistrates' Court which ruled it could not base a finding of guilt on evidence tainted by a breach of human rights, and acquitted the accused.

In the second case today, Warren Bugeja, 18, of Marsaxlokk was acquitted from charges of ecstasy possession.

He had been admitted to hospital in a drowsy state but his blood test results could not be found in his hospital file so his police statement, which he had not given in the presence of a lawyer, was the only evidence. So he was  acquitted.

The minor and Mr Bugeja are the second and third person to be acquitted due to the absence of legal access during interrogation. A few months ago Alvin Privitera was acquitted of drug trafficking charges for the same reason.

Dr Franco Debono and Dr Marion Camilleri represented the accused in all three cases.