A man who had been jailed for 21 years and fined €70,000 for drug trafficking following a trial by jury has filed an application with the European Court of Human Rights arguing that the Maltese Constitutional Court is incorrectly interpreting European law.

Mario Borg’s sentence had been confirmed by the Criminal Court of Appeal in May 2011.

He had subsequently filed an application to the Civil Court claiming a breach of human rights as he was not given access to a lawyer during the investigations.

The Civil Court turned down his request as did the Constitutional Court following an appeal.

Mr Borg filed his application to the European Court of Human Rights highlighting that the magistrate who conducted the magisterial inquiry was also the magistrate who heard the compilation of evidence.

He argued that this violated his rights to access to an independent and impartial tribunal.

Mr Borg also argued that the Maltese Constitutional Court was erroneously interpreting European judgements on the right to a lawyer.

His application was signed by lawyers David Camilleri, Joseph Gatt, Franco Debono and Marion Camilleri.