A man facing court proceedings over drug possession has been awarded €3,500 in compensation by a court which ruled that his fundamental rights were breached when he was denied legal assistance during interrogation.

The judgment by the Constitutional Court presided by Madame Justice Jacqueline Padovani Grima was given just two days after a landmark decision by the European Court of Human Rights which ruled that legal assistance during police questioning must be granted by default.

Today’s ruling concerned Malcolm Said who was arrested eight years ago on suspicion of cocaine possession. During interrogation the accused had made a statement admitting to occasional cocaine use.

At the time, the right of a suspect to consult with a lawyer during interrogation had not yet been enshrined in Maltese law. Consequently the accused had released his statement unaided. His complaint before the Constitutional Court was based on the grounds that such omission had deprived him of his right to a fair hearing.

The accused also lamented about delays in proceedings. He was only charged in 2013 - five years after he was questioned. The case is still pending. Proceedings before the Constitutional Court were filed two years ago.

In her decision Madame Justice Jacqueline Padovani Grima held that the right to legal assistance during interrogation was one of the basic guarantees of a fair hearing and an essential aspect thereof. She noted how the argument made by the Attorney General that there existed no right for legal assistance was “untenable”.

In addition the court referred to the decision with the European Court which had ruled that the Maltese interpretation that such a right was only applicable in cases of vulnerable people, was wrong. The ECHR ruled that legal assistance during interrogation was something which had to be provided by default.

As for the five-year delay in the arraignment, the Constitutional Court noted that legal proceedings are deemed to commence as soon as the accused learnt he was under investigation and not at a later stage when the person was charged before a court. 

Consequently the court ruled that the five-year wait for straightforward charges of cocaine possession was “exaggerated”.

The court ordered the Attorney General to pay Mr Said €2,500 in compensation for the breach of his fundamental human rights, and a further €1,000 for the delay in pressing charges. In addition it ordered that the statement released by the accused during interrogation must be removed from the acts of the criminal proceedings against him.

Lawyers Franco Debono, Amadeo Cachia and Angie Muscat appeared for Mr Said. 

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