A man awaiting trial on drug-related charges yesterday filed a Constitutional application objecting to the wide discretionary powers enjoyed by the Attorney General.
Joseph Camilleri said the law empowering the Attorney General to decide whether a case was heard by a magistrate or by a jury, which significantly varied in terms of punishment, amounted to a breach of human rights. He referred to a judgment handed down by the European Court of Justice awarding €6,000 to a convicted drug trafficker after upholding his arguments about the absence of legal provisions on the Attorney General’s discretion to decide in which court a drug trafficking case would be tried.
Mr Camilleri asked the court to declare the relevant legal provisions breached his human rights, declare the proceedings in which he is due to stand trial null and void and offer a legal remedy.
Lawyer Joe Brincat signed the application.