Court finds no violation of Norman Lowell's human rights
Norman Lowell
A court said today that the human rights of far-right activist Norman Lowell were not violated when he was interrogated without the presence of a lawyer, since a subsequent conviction of inciting racial hatred was not based on his statements to the police.
Mr Justice Anthony Ellul, presiding the First Hall of the Civil Court (in its Constitutional Jurisdiction) delivered the judgement following a constitutional reference made by the Court of Criminal Appeal which is hearing Mr Lowell's appeal from his conviction.
Mr Lowell was charged on May 26, 2006 with having incited racial hatred in two public meetings. He was also accused of having committed the same offence by means of an article. The Magistrates' Court found Mr Lowell guilty of all charges in March 2008 and sentenced him to two years imprisonment, suspended for four years and to a fine of €500.
Mr Lowell appealed to the Court of Criminal Appeal.
In the course of the appeal proceedings Mr Lowell claimed that he had not been assisted by a lawyer during his interrogation by the police and that this was in violation of his human rights.
The Court of Criminal Appeal referred this claim to the First Hall of the Civil Court for a ruling.
Mr Justice Ellul heard that Mr Lowell had given two statements to the police when he was arrested. He had not been assisted by a lawyer because the law in 2006 did not provide for such a right.
Mr Lowell had refused to sign his statements to the police, but the Civil Court concluded that the conviction by the Magistrates Court was not based on the statements, made without legal assistance.
The Magistrates Court had based its decisions on the transcripts of the words used by Mr Lowell in his meetings and on the contents of his article. That court had concluded that a person of ordinary understanding would find those words offensive and tantamount to racial abuse and hatred.
The First Hall of the Civil Court therefore concluded that no violation of Mr Lowell's human rights had occurred.
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Joe Xuereb
Oct 6th 2012, 01:06
Enoch Powell too, was vilified in his time. His words have come to pass and they will continue rolling out forever in the future.
Political correctness is all very well as far as it goes (otherwise we would end up butchering each other and that wouldn't be acceptable with European civil societies. Other extra-European societies value life differently to us and when the going gets tough in whichever country they come from, they decide that Europe should be their ultimate destination and by any means possible, fair or foul (this last one often to their detriment but everything has its price). It is all very well for one to claim to be a moderate while reaping all the benefits, with the intention of eventually creating alien institutions within 'the free world'. I keep my eyes wide open and my ears close to the ground. And a figment of the imagination, it is not!
Adriano Spiteri
Oct 4th 2012, 13:09
The media has been attacking this man for ages.
But somehow, whenever I hear People talking about him, I always hear the same old statement that "he is right".
I ask myself: why is the media's view different from that of the People?
Is there an agenda?
Mario Cassar
Oct 3rd 2012, 13:35
Freedom of speech only when it suits the establishment!
Why are the self declared tolerant so intolerant?
Graham Sansone
Oct 3rd 2012, 09:48
There will be a time when people and politicians alike will realise that this man had and still has wise words to tell us all. Unfortunatly time is runing out for the Maltese.
Joe Fenech
Oct 3rd 2012, 23:00
SPOT ON !
mario delicata
Oct 3rd 2012, 08:29
Why anyone especially politicians can say whatever they want, EU officials, media & reports, gay movements, the church, Daphne C.G, etc...but when this guy opens his mouth to say something, all hell breaks lose.
Freedom of speech is only for the few selected. Let this guy speak out what he has in mind, maybe some of us want to here what he wants to say. We do listen to most of the politicians taking us for a ride don't we?
Clifford Cauchi
Oct 3rd 2012, 07:51
I disagree with almost everything that Norman Lowell says, but I defend his right to say it.
Bertrand Gove
Oct 3rd 2012, 08:58
Not clever
Brian Portelli
Oct 2nd 2012, 23:21
Bless him!
Peter Shaw
Oct 2nd 2012, 22:46
will you reduce the W+E tariffs also ?
Mr Zeppi Borg
Oct 2nd 2012, 22:46
Welcome back my friend............. WE MALTESE NEED YOU.....
Ivan Attard
Oct 2nd 2012, 22:32
Ave Norman. You must contest the next election so everyone will see where the Right stands in Malta.
My vote will be for you as would be thousands who are FED UP with this impotent government and sorry excuse for an opposition. The leftist media will be dumbstruck!
David Bonello
Oct 2nd 2012, 21:24
Freedom of speech only for people in the establishment. The system talks a lot about two weights two measure, what a joke. The people knows that Mr Lowell is Right, and that's what bothers the system so much.
M. Attard
Oct 2nd 2012, 21:12
Anyway, a lot of things that he said actually happened. Its true he goes to certain extreme, but then again all of us do that some time or another. But surely he is much better then most MP's.
Trevor Lorenzo Mizzi
Oct 2nd 2012, 21:08
Whether you like it or not there is a lot of truth in what Norman Lowell says.
Like the warnings of Enoch Powell, history will find that Mr. Lowell was correct on many counts.
Carmelo Aquilina
Oct 3rd 2012, 10:51
can you list these stunningly prescient prophecies Trevor ?..one of the is that 2012 is 'anno zero' when the far right will take over Europe... some prophecy...some prophet !
Tony Borg
Oct 2nd 2012, 19:42
Come Norman, and contest the next one so you will get more votes than last time.
This time there is more chance with all this disgruntlement from your areas.
Tony Camilleri
Oct 2nd 2012, 22:39
Fully agree with you. Let's send a message to the eu and the political parties on illegal immigration.
Philip Hili
Oct 2nd 2012, 23:02
@ Tony Borg
I bet you Tony that he will bring more votes than Franco Debono!!!!
Steven Brockwell
Oct 2nd 2012, 19:21
he is right in some ways but just goes overboard shame?
Colin Stanley
Oct 2nd 2012, 18:53
there is freedom of speech, as long as you don't go against the grain !!
Marvic Vella
Oct 2nd 2012, 18:39
lowell is a man with great and powerful ideas, but sometimes he is just a bit too extreme
Adriano Spiteri
Oct 2nd 2012, 18:25
This is the era of Political Correctness
an era which is about to end...very soon
W Cassar
Oct 2nd 2012, 18:46
Political correctness also involves doing the honorable thing like resigning when you have failed to achieve the advertised goals.
Have not see any of that in the past 5 years!
Matthew Vella
Oct 2nd 2012, 18:50
Why on earth would it end?
Psychos like him shouldn't be allowed to spew such ignorance in public.
B. Cachia
Oct 2nd 2012, 19:44
@ Matthew Vella: Because other people's freedom of speech should not depend on whether we agree with them or not or whether we find what they say offensive or not.
Graham Sansone
Oct 2nd 2012, 20:52
very well said Adriano.
Graham Sansone
Oct 3rd 2012, 08:37
Well said Adriano
Karl Consiglio
Oct 3rd 2012, 12:36
Matthew Vella,
Is this not a democracy?
A.Felex Busuttil
Oct 2nd 2012, 18:22
You are very funny Mr Consiglio , It is very difficult to know exactly where you stand. Surely for labour charity begins at home, have the family values at heart
Karl Consiglio
Oct 3rd 2012, 12:34
Family values differ from house to house.
Charles W. Sammut
Oct 2nd 2012, 18:20
It will be difficult for Lowell to succeed in politics. He is too honest.
Joe Fenech
Oct 2nd 2012, 18:50
And he pointed out all the problems that are going to give Malta its final blow.
Karl Consiglio
Oct 2nd 2012, 18:10
At least one knows where this guy stands, not like Labour
P Bonnici
Oct 2nd 2012, 19:12
Labour stand on the fence, on neither side, they have to please everyone.
Please choose the reason of your report below: