Judge rules drug suspect’s human rights breached

A 50-year-old man facing drug trafficking charges had his human rights breached because he did not have access to a lawyer before he was interrogated by the police, a judge ruled.

Martin Dimech, 50, of Żejtun, had raised the issue during preliminary pleas before he faced a trial by jury. Mr Justice Lawrence Quintano decreed that Mr Dimech had an “arguable case” and referred the matter to the Constitutional Court.

Mr Justice Mark Chetcuti, sitting in the Constitutional Court, found that the fact that Mr Dimech was not given access to a lawyer breached his fundamental human rights.

He sent the acts of the proceedings back the Criminal Court for the case to continue and for the judge to decide what to do with the statement that Mr Dimech had given to the police.

Mr Dimech stands charged with trafficking just under a kilo of heroin in March 2009. He was allegedly found hiding the drugs, which turned out to be 35 per cent pure, behind fridges in a garage.

The drugs were allegedly kept by the accused in return for €11,600 given to him by another person. The drugs were worth more than €45,500.

Lawyers Charmaine Cherrett and Josè Herrera appeared for the accused.