[attach id=215092 size="large"]Omar Osman.[/attach]

The trial for rape of four irregular immigrants, who have been under arrest for more than five-and-a-half years, was yesterday deferred after two lawyers renounced legal responsibility.

The trial by jury was meant to start yesterday but defence duties have now fallen on the shoulders of the legal aid system which, the court heard, was already heaving under the pressure of all the cases it has to handle.

The four men are charged with raping a Maltese woman on March 18, 2007, at the Marsa Open Centre. They are Muhammad Ali Hasan and Omar Osman, both 31 from Somalia, Abubaker Ahmed Abdilrahman, 22, also from Somalia, and Anwar Otman Hasan, 31, from Sudan.

During proceedings yesterday, lawyer Joe Brincat said he only found out on Friday afternoon that the trial was to take place yesterday.

He said that by coincidence the deputy registrar informed him that the trial was most likely going to be deferred because of the abstention of the other lawyer Franco Debono.

Dr Brincat said his client was not in the least bit interested and was very arrogant with him and he was therefore renouncing his own legal responsibility.

Mr Justice Michael Mallia said Dr Debono had only informed the court on Friday afternoon at 3.40pm that he was not appearing for his client, Mr Osman. This, the judge said, had not only wasted the court’s time but also disrupted the work of its employees who dedicate themselves to making sure that trials are appointed and heard within the shortest possible time.

The judge noted the lack of legal aid lawyers and ordered that the Minister for Justice be made aware of the situation.

Legal aid lawyer Malcolm Mifsud told the judge that Mr Osman was originally his client but Dr Debono had decided to take over.

He said that since he was now being asked to appear for Dr Brincat’s client and also had to represent Mr Osman, he needed time to review the evidence because there might be a possible conflict of interest.

Mr Justice Mallia postponed the trial to tomorrow to give enough time to Dr Mifsud to review the acts of the proceedings. In comments to timesofmalta.com, Dr Debono said he had informed his client of his decision months ago and had not appeared in proceedings on bail.

He did not need to take further action but filed a note on Friday pointing out that his client had been notified months ago. It was then up to the client to engage another lawyer, he said.

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