Two men who had been refused the opportunity to face justice before the Drugs Court at appeals stage have filed an application requesting the Constitutional Court to decide if their fundamental rights for a fair hearing had been breached.

The requests concern two separate cases filed just a day after a court, presided by Madame Justice Edwina Grima, upheld a similar request for a Constitutional reference made by Mario Zammit. The latter had been convicted for drug trafficking in 2009 but subsequently filed an appeal.

However, a few months after his sentence was given, the Drug Dependence (Treatment not Imprisonment) Act of 2015 came into effect through which the man could have qualified for rehabilitation instead of imprisonment.

The man had argued that he was a victim of a legal loophole as it applied across the board with the exception of those, facing proceedings at appeal stage. However, the Criminal Court had turned down his request.

Today's applications were filed by lawyers Veronique Dalli and Dean Hili on behalf of Clive Agius and by Franco Debono, Marion Camilleri and Amadeus Cachia on behalf of Kyle Gili, who had been convicted of aggravated possession of ecstasy tablets.