A judge yesterday ordered the government to change the law so that the accused would not be at a disadvantage in relation to the prosecution when dealing with court decisions on bail.
Mr Justice Tonio Mallia, sitting in the First Hall of the Civil Court, found that the law as it stands now violated the fundamental human rights of the accused.
He was reviewing the case of Conrad Axisa who was arraigned last August on charges relating to drug abuse and crimes against the person. He had asked for bail that was at first denied but was eventually granted on September 7.
In a constitutional application filed against the Attorney General, the Minister for Justice and the Police Commissioner, Mr Axisa complained that there was no equality of arms between the prosecution and defence when appealing from a court decision on bail. Both the defence and the prosecution were entitled to ask the court for a revision of bail conditions.
The Attorney General could make an immediate appeal regarding the granting of bail or the conditions imposed. However, the accused was not able to do so, Mr Axisa argued. The accused could ask the court that dismissed his application for bail to vary its decision but could not raise the matter before another court presided over by a different judge.
Mr Justice Mallia said the right of judicial review before a different judge had to be given to the two parties to the proceedings. The court ordered the government to move an amendment to the law in Parliament within three months.
Mr Axisa also claimed that the different manner in which an accused not granted bail was treated by the Magistrates’ Court as a court of criminal inquiry when the compilation of evidence was under way and how the same person would be treated by the Magistrates’ Court as a court of criminal jurisdiction violated one’s fundamental human rights.
In the first case, a person who was not granted bail had to appear before the court at least once a fortnight so the court could decide on whether or not bail could be granted. On the other hand, when the Magistrates’ Court functioned as a court of criminal jurisdiction, no such time limit existed.
Mr Justice Mallia said such distinction did not amount to a violation of human rights.
Lawyers Franco Debono and Marion Camilleri appeared for Mr Axisa. Lawyer Susan Sciberras appeared for the Attorney General’s Office.