A man who claimed he was jailed illegally because police took his statement without a lawyer present has had his case thrown out of court on technical grounds.

In February last year, 40-year-old Trevor Bonnici had been jailed for a year and a half after being found guilty of drug trafficking in 2004. The decision was confirmed by an appeals court last December.

But a landmark European Court of Human Rights judgment handed down at the turn of this year had chided the Maltese courts by saying that the right to legal assistance during interrogation should be the rule, as otherwise it would give rise to a fundamental breach.

The ECHR had awarded €3,500 in damages to the complainant, Mario Borg, who had also been also convicted on the strength of his police statement.

Mr Bonnici had subsequently filed a judicial protest against the Attorney General complaining that his imprisonment was in breach of his fundamental rights.

However, the lack of reaction from the AG yesterday prompted Mr Bonnici’s lawyers, Jason Azzopardi and Kris Busietta, to file an application before the Magistrates’ Court seeking his release.

In its decision, the court presided by Magistrate Ian Farrugia rejected the request on technical grounds. The court said the issue was not within its competence as it had no power to cast judgment on an Appeals Court decision.

The man is now expected to step up his legal challenge by filing another application before the Constitutional Court.

Meanwhile, the aforementioned Mr Borg today filed an application before the First Hall of the Civil Court (Constitutional Jurisdiction) in which he is also requesting the court to declare that his imprisonment is breaching his fundamental rights.

Mr Borg is requesting remedial measures including the annulment of the sentence or his release from jail. The application was signed by lawyer Franco Debono, Amadeus Cachia amd David Camilleri.