Rape trial put off - accused in detention for over five years
The trial by jury of four illegal immigrants who have been under arrest for the past five years and seven months pending rape charges, was this morning deferred after two lawyers renounced responsibility and one of the accused did not engage another lawyer.
At least one of the accused had been granted bail in the intervening period, but was then re-arrested.
During proceedings this morning, one of the lawyers, Joe Brincat said that he only found out about the trial by coincidence on Friday afternoon when the deputy registrar informed him that the trial was most likely to be put off because lawyer Franco Debono had renounced the case.
Dr Brincat added that his own client was not in the least bit interested and was very arrogant with him.
Dr Debono informed the court on his decision on Friday afternoon after having known since July about the trial, Mr Justice Michael Mallia said.
(Dr Debono told timesofmalta.com that he had informed his client of his decision months ago, and had also not appeared in proceedings on breach of bail. He did not need to take further action but filed a note on Friday pointing out how the client was notified months ago. The note was filed on Friday by Dr Marion Camilleri at the request of the Court Registrar. It was then up to the client to engage another lawyer)
The accused, three from Somalia and another from Sudan, are in their 20s and 30s.
Legal aid lawyer Malcolm Mifsud, who is also appearing for the men, said that he was only notified about Dr Debono's renunciation of the brief at 4 pm on Friday.
Given this situation he was unable to prepare a sufficient defence given that the men were facing a total of 18 charges.
The trial was postponed to Wednesday after Dr Mifsud said that he was going to review the case and declare any possible conflict of interest because he was representing one other accused.
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Philippa Gingell Littlejohn
Oct 29th 2012, 20:16
I worry more about the loss of evidence over time and the blurring of one's memory as a witness/victim. I feel mostly for the victim who has to dredge up these painful memories after so long and God only knows how much counselling in order to try and 'forget' the past, only to be suddenly catapulted back to what was probably the most shattering experience of her life and be key witness to boot!
Bernard Mallia
Oct 31st 2012, 00:06
Agreed ... if they are truly guilty, my only hope is that they never get to see the light of day ever again.
Liz WallikerG
Oct 29th 2012, 14:48
Can't remember if it was Churchill or Gandhi who said you judge a society by the way it treats it's prisoners......
stephen koludrovic
Oct 29th 2012, 14:27
The reason that they are in jail is because they did not have the bail money. All they need is for some benefactor to post the bail; money,and they would be out.
twanny borg
Oct 29th 2012, 13:30
5 snin u 7 xhur maqfula. mhux sewwa jew jithaffef il-kaz jew jinghataw liberta kondizzjonata' bhal haddiehor. nahseb fil-qrati ghandu jkun hemm nies kwalifikati apposta jassistu u jispjegaw nies akkuzati u vittmi rigward il-proceduri tal-qrati kif ukoll id-drittijiet taghhom.
edward fenech
Oct 29th 2012, 13:24
Why should a person have to spend so many years in pain wondering if they will receive justice or not for the crime committed against them? Why should anyone have to go through the moment of tragedy all over again five years after the crime was committed?
Why should a person have to spend five years in prison if in the end they are found not guilty?
What is justice?
GL Calleja
Oct 29th 2012, 14:28
What is justice? In Malta it is blind as a bat. The whole judicial system is a farce but nobody wants to do anything about it. Spending five years of your life in prison and then find out you are innocent, what then? We are proof that the law is an ass. So what are going to do to change it?
Marco Pisani
Oct 29th 2012, 12:34
Franco Debono had renounced to the case months ago and in fact the accused had engaged another lawyer. The deputy registrar knew that. However it seems that the new lawyer had informed the accused that he was not going to accept the case.
Lee Micallef
Oct 29th 2012, 12:07
5 years and 7months ???? and now deferred ? you couldnt make this stuff up !
Please choose the reason of your report below: