A man who stands accused of having run over and killed cyclist Clifford Micallef on the Coast Road in 2009 has lost a case where he argued that his human rights were breached when he was interrogated by the police without the presence of a lawyer.

Anthony Taliana, of Ħamrun, is charged with the involuntary homicide of Mr Micallef, drink-driving, driving a car without insurance cover and relapsing, after having already been convicted of dangerous driving.

Mr Micallef died on impact at about 5 a.m. on July 30, 2009 some 20 metres away from the entrance to the White Rocks Complex on the Coast Road.

Mr Taliana  had filed a constitutional case, arguing that the fact that he had no legal assistance during interrogation meant that his statement to the police should be declared null and removed from the court proceedings. The same, he said, should apply to the reports by three court experts, which were based on what he said.

However Mr Justice Joseph Azzopardi said in a judgement today that it was up to the magistrate hearing the case to decide on the admissibility of the statement and the reports.

The Constitutional Court felt that the accused was not a vulnerable person and it was not true that any of his rights were breached.

Indeed, it resulted that he was arrogant and had certainly not felt intimidated by the investigating police officers.

He had been repeatedly cautioned before the police statement was taken and it was clear that the statement was given voluntarily and without undue pressure.

His allegation that the experts’ reports had also breached his rights was not factual and the reports did not breach his rights, the court said.

The case can now continue before the magistrates court.

In a hearing in December 2009, the court had been told that Mr Taliana was above the legal alcohol limit at the time of the accident.