A controversy over the appointment of court expert Martin Bajada has been referred to the Constitutional Court at the request of defence lawyers representing two men set to face trial on drug trafficking charges.

The case revolves on an Appeals Court judgment handed down last April which cast a shadow on the integrity of Mr Bajada. Ever since this ruling a number of defence lawyers have raised objections to the expert’s testimony being used in their cases. 

The latest case involves the trial by jury of Austine Uche and Kofi Otule Friday, which was meant to start on June 1.

The issue was immediately flagged by the defence which questioned Mr Bajada's credentials and called for the removal of the expert's report from the records of this case.

However, the prosecution, had pre-emptied this move as on May 23 it had already asked the Judge to replace Mr Bajada with another expert  to oversee the original report, and keep it as evidence as long as it would contain no irregularity. 

On its part, the defence objected, saying that the defendants had not been notified about the Attorney General’s request to replace Mr Bajada, and consequently had been denied the opportunity to file submissions in this regard.

The defence argued that such a procedure was in breach of the fundamental right of a fair hearing of its clients. The lawyers therefore  filed an application requesting the Constitutional Court to look into the matter.

Magistrate Neville Camilleri upheld the request.

Lawyers Franco Debono, Mario Mifsud and Alfred Abela appeared for Mr Friday while lawyer Joe Mifsud appeared for Mr Uche.

On July 2, 1993, Dr Bajada had pleaded guilty before a London court to 10 counts of theft to the detriment of Air Malta and was handed a two-year suspended sentence. Kingston-upon-Thames Crown Court documents show that he had stolen €59,329.

When three private individuals learnt that Dr Bajada had a criminal record involving the falsification of documents, they filed a request for Dr Bajada’s report on calligraphy to be removed from the records of their civil case.

On April 29 of this year, Chief Justice Silvio Camilleri, Mr Justice Giannino Caruana Demajo and Mr Justice Noel Cuschieri, sitting in the Court of Appeal, upheld the request.