Two demand compensation for extra time spent in jail
Two migrants who were held on remand for almost six years because they could not afford bail and who were subsequently sentenced to a four-year jail term have filed a court application demanding compensation for the extra months they spent in prison.
Omar Osman Omar and Anwar Otman Hasan had been found not guilty of rape but guilty of violent indecent assault and holding a woman against her will.
In their proceedings against the Attorney General today, they said they were held in remand throughout the six years of the court proceedings except for a period of just over a month during with Mr Osman was allowed bail.
When they were eventually convicted they had already served out the term plus an extra two-and-a-half years in prison because of undue delays in the proceedings.
They said that the actual trial only lasted four days and the six year period was therefore unreasonable and violated their human rights to a fair hearing within a reasonable time.
The application was filed by lawyers Roberto Montalto and Kris Scicluna.
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54 Comments
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Joe Grech
Mar 26th, 14:09
Hopefully, under Joseph Muscat and PL there will be a serious re-think about issues connected with Illegal Immigrants.
Let's put NATIONAL considerations before the dictats of the United Nations and Brussels!
Baroso etc are RUINING Europe with their silly, impractical Immigrant 'policies'. They should be made to resign.
Mr Andrew Camilleri
Mar 21st, 11:42
It seems lots of people here cannot read simple English. These guys were held in prison for an extra 2 and half years - and that is what they want compensation for.
Chris Mifsud
Mar 21st, 09:32
I cannot believe what cheek they have! They came here illegally and then took part in a gang rape and then they have the guts to ask for compensation!
They should be made to suffer and then be deported. The public demands this!
Screw human rights! They are the perpetrators and not the victims. The human rights of the victim come 1st, 2nd and 3rd before the human rights of the rapist immigrants.
Mr Andrew Camilleri
Mar 21st, 11:40
These people are humans and, no matter what they did, should be treated such. If our system is not capable of processing accused within a reasonable time, compensation is due to them. I find your comment digusting and degrading of respect towards fellow humans. I hope that you never end up in jail in a foreign country and get forgotten there. Hope you don't start squealing 'human rights'.
M Callus
Mar 21st, 09:29
And where were the human rights of the victim when you decided to violently and indecently assault her Mr. Omar Osman Omar and Mr.Anwar Otman Hasan?????
Mr Stephen Camilleri
Mar 21st, 08:34
Why should we be lenient just because we’re Europeans? Rapists face 200 lashes or even death in Arab countries.
Tony Zammit
Mar 21st, 05:19
WHAT DID THE VICTIM GET FROM THEM?????
josephine dietrich
Mar 21st, 03:17
This is the UK\s sentence.
http://www.thelawpages.com/court-cases/maximums.php
Indecent assault on a woman Sexual Offences Act 1956 s.14 10 years
Abduction of woman by force Sexual Offences Act 1956 s.17 14 years
James Dewar
Mar 21st, 00:09
Judging by many of the comments here the sales of blinkers in Malta must recently have soared! How narrow minded and insular are some of these comments demonstrating a complete inability (or unwillingness) to see the bigger picture.
Ms Maria Vella
Mar 21st, 07:27
What bigger picture? Would you still Comment this way if your daughter had been indecently assaulted?
Perhaps you should look at your attitude and consider revising it
R. Caruana
Mar 20th, 23:20
It is nonsense for a court to bend the rules of judicial process so that everyone accused notwithstanding whether the same are guilty or innocent stand more chance of being condemned. For me showing that justice is carried out and within a reasonable time are two principle which are completely disregarded in Malta.
Ms.D. Galea
Mar 20th, 22:54
Will they be compensating their victim?
I assume that there is actually a victim somewhere who no one is bothering to refer to here.
Does she happen to be Maltese , by the way?
Philip Camilleri
Mar 20th, 21:18
A DNA database is urgently needed, all illegal immigrants and anyone fond guilty in a court of law must be forced to provide sample, system can be expanded by linking to all forms of welfare until everyone on the islands is in database. innocent people should never be placed in jail before being found guilty. In this case when are they going to be deported??
Shaun Anthony Camilleri
Mar 20th, 21:00
Tell them to ask for human rights where they came from. They come here attack women and now they want compensation. First let them compensate their victims then tell them to go home to their own country.
Ms Maria Vella
Mar 20th, 20:28
Any thoughts go towards their victim? 6 years is a long time but they weren't exactly innocent and now they ask for compensation, what cheek
Mr James Galea
Mar 20th, 19:05
Were they calculating their prison term while they were committing their crime? I guess not. They should thank god that they are in our country. If they did the same in their country they would have been left to rout in prison.
Darren Portelli
Mar 20th, 18:39
If these people were Italian or any other European stock that we in Malta adore then most of the comments here would be different. For a supposed catholic nation we sure come across as judgmental towards anyone from any country south of Malta.
Benson Williams
Mar 20th, 19:35
I can't understand why, the Maltese originated from the south of Malta in the first place according to the history books back home in the UK, so really these people have just as much right to be treated fairly as anyone else in Malta, which lies only just< in Europe.
Liz WallikerG
Mar 20th, 20:45
Hear hear
Alex Ellul
Mar 20th, 22:49
Why do you have to raise the 'anti-Catholic' card? What the heck does being Catholic has to do with two foreigners trying to rape a woman, found guilty by our courts and (under)condemned for a 4 year term. From the criminals' names I take it that they are Muslim, but that has got nothing to do with the criminal act either. What's really of importance is the victim. Who will compensate her?
Alex Ellul
Mar 20th, 22:54
The reason why we take care, feed, medicate and feed the poor illegal immigrants is because of our Christian upbringing. We have been thought to love our neighbour, our enemies too. But Christ also told us to give Caesar what belongs to Caesar and that means that law breakers, especially women rapists or sexual molesters need to spend some time in jail, such as 20 years not a pittance of 4 yrs
Darren Portelli
Mar 21st, 18:05
Alex you're changing the topic. I did not play the catholic card or any other religion card about the perps. I made reference to us being a supposed catholic country but we are full of bigots.
Joseph N. Attard
Mar 20th, 18:10
To the new minister: pls. prioritize the real reform of the courts. For far too long, the previous administration left an indecorous system in place, whereby all citizens (not just illegal migrants) were treated as rubbish. One magistrate (now retired) for years called about a hundred people to court at 9am, but he never started work before 9.45.Many victims expressed their disgust at the polls.
Louis Gialanze
Mar 20th, 17:43
Being accessory to a serious crime, like gang rape, of which they have been convicted is enough justification to warrant the time in detention.On the other hand the people of Malta are flabbergasted to learn that they have yet to be deported.
Patricia Graham
Mar 20th, 18:05
Innocent until proven guilty.
It took 6 years for this case to come to Court, that is the crux of the matter.
THEN it was held behind closed doors and I for one am amazed that the compensation claim came first and not the appeal by at least one of them, who until the case was heard behind closed doors, had always been claimed by the victim as NOT one of the perpetrators.
Is that Justice?
James Dewar
Mar 21st, 00:20
Louis, the article reads they were found NOT GUILTY of rape. Their time in custody was spent AWAITING TRIAL and before they were convicted of any offence. The unjust part is that as untried and unconvicted persons a 6 year custodial period whilst awaiting trial is totally unjustified. Even in Malta where the wheels of justice move slowly and sentences frequently fail to reflect the crime.
Keith Davis
Mar 20th, 17:23
Disgusting, 6 whole years waiting for a trial that actually only lasted 4 days.
Dear PM please take note and make heads roll, as was much promised about the judicial reform by end of this year.
We need to know who or what is effecting such gigantic delays. Justice delayed is justice denied!
Patricia Graham
Mar 20th, 19:03
Especially when so many cases are heard and found within a week.
T Pace
Mar 21st, 12:09
You must be out of touch with reality.
The duration of a trial has no bearing on the sentence that is given.
Had they admitted their crime, they might have spent less time in prison.
Patricia Graham
Mar 21st, 16:21
@ T Pace
Why would they admit to something they still profess they didn't do? In fact if I am not wrong one of the accused was actually told to plead guilty for the same reasons you gave and refused.
There was no reason for this trial to have taken as long as it did to come to Court and now someone has to pay.
Bernard J Schranz
Mar 20th, 17:17
We should consider awarding compensation to them and then since they would have some financial means, they should be charged for the costs of using our facilities during their stay here. Unless they pay, they would either be repatriated without money (assuming the costs of their stay would be cheaper than the compensation) or else they will be thrown into jail again until they settle the balance!
Robert Callus
Mar 20th, 17:39
That might happen in some military regimes but I don't know of any democratic country that expects people to pay for the expenses they created while being illegally detained.
James Dewar
Mar 20th, 17:43
It wasn't their fault that they had to languish at Maltese taxpayers expense for 6 years awaiting trial. Their basic human right to a fair trial within a reasonable time was massively violated and as such they are well entitled to compensation.The incompetence of the Maltese justice system is fairly and squarely to blame for the shamables.
Paul Pulis
Mar 20th, 17:15
Will they consider sueing their respective governments for the oppression they suffered in their homeland?
Jeremy J Camilleri
Mar 20th, 17:14
The point here is not the nationality of those complaining, but the huge hole in the system.
Why is that so difficult to comprehend?
Franco Attard Trevisan
Mar 20th, 17:37
spot on!
Paul Xuereb
Mar 20th, 17:06
Mr Spiteri and most of the persons commenting on this matter are thoroughly confused. These two men have been confined to prison on remand for a much longer period than they were eventually condemned to serve, The fact that they were migrants is totally irrelevant. The rule of law applies equally to all those who appear before a Maltese court.
K.G. Vella
Mar 20th, 16:54
Waiting for a trial for 6 years in jail in totally unacceptable.
V Cassar
Mar 20th, 16:54
And everyone forgets about the lady who had been held against heir will by the immigrants...
Adriano Spiteri
Mar 20th, 16:48
They cam here illegally and held a woman against her will?
And they are demanding compensation???
Deport them. What a gall!
Malcolm Seychell
Mar 20th, 16:39
give them a free flight to their country.
Matthias Farrugia
Mar 20th, 21:23
best comment so far...... may i add...and first class too..
twanny borg
Mar 20th, 16:27
Mhux sewwa thallew sitt snin il-habs meta suppost kienu prezunti innocenti. It-tort tal-qorti wkoll li damet daqshakk jistennew sentenza meta ma kellhomx flus ghal bail. Din tista' tigri lil kullhadd mhux sewwa meta forsi bniedem ikun veru innocenti. Pero f'dan il-kaz mhux ser inhenn ghalihom lanqas.
anthony sultana
Mar 20th, 16:25
Yes they should be compensated.Our courts system is very bad.
William Spencer
Mar 20th, 17:12
Yes compensate them for the time they claim to have been held over their sentence.
Then the compensation they receive must be awarded to the victim of their crime !!
Richard Ellul
Mar 20th, 17:33
Totally agree with William Spencer
Charles Zammit
Mar 20th, 16:17
Pajjiz Tal Mickey Mouse Was , is & will be !!
Patricia Graham
Mar 20th, 16:12
From the in depth information we were given through the media this "trial" was a mess from beginning to end and as was predicted they are seeking compensation as they jolly well should!!
You can't just lock people up, (who may well be innocent) for 6 years and expect them just to accept it.
T Pace
Mar 21st, 12:04
Could you identify what you called a 'mess'
You seem to have overlooked the fact that they were guilty not to mention the fact that under the laws of their own country the punishment would have been much harsher.
Steve Demicoli
Mar 20th, 16:12
Maybe our government should seek compensation for the time they spent using our reception facilities after entering our country illegally?
Reuben D. Spiteri
Mar 20th, 15:55
I think it's reasonable.
Anthony Falzon
Mar 20th, 15:53
They should just go back to their country if they are illegal immigrants and it is they who should compensate us for breaking our law and entering our country without permit.
Mr Jimmy Vella
Mar 20th, 15:51
What they hav`t been deported yet . what a shameful state of affairs.
Please choose the reason of your report below: