A man regained his freedom today after a court quashed two judgments which had pronounced him guilty of drug trafficking, when the only evidence used against him was a statement made when in police custody without the assistance of a lawyer. 

Trevor Bonnici had filed a constitutional application alleging a breach of his fundamental right to a fair trial.

Mr Bonnici was arrested on July 20, 2004 at around 1.15pm on suspicion of having been involved in drug trafficking. He was interrogated the following morning after having spent some 20 hours in police custody. Following his interrogation and without ever having consulted a lawyer Mr Bonnici released a self-incriminating statement. 

That statement, the civil court observed, was the only proof brought against the accused when charged before the criminal court. It was on the basis of that same declaration that the man had been found guilty before the court of magistrates.

This fact was also acknowledged by the court of appeal in a judgment of December 2015 which, however, had confirmed the conviction although it declared that the statement released by the appellant to the police constituted " the only incriminating evidence" against him. 

Mr Bonnici had been condemned to an 18 month prison term and a fine of €1,500. 

Determined to fight for his rights, the man filed a constitutional application.

The court, presided by Mr Justice Mark Chetcuti, observed that although at the time of the arrest Maltese law did not provide for the right to legal assistance during police interrogation nor for access to the police file, this basic right was acknowledged by the European Court of Fundamental Human Rights in January 2016. 

In its judgment in Mario Borg vs Malta the ECHR stated that " The rights of the defence will ...be irretrievably prejudiced when incriminating statements made during police interrogation without access to a lawyer are used for conviction." 

The court noted that Mr Bonnici had refused to sign the police statement. When testifying in open court, he had declared that he had released the statement just because his only thought at the time was 'to go home and eat.' 

The court concluded that Mr Bonnici's right to a fair hearing had doubtlessly been violated when the self-incriminating statement had been the only evidence used against him. 

By way of remedy, Mr Justice Chetcuti quashed the previous judgments, cancelled the whole process before the criminal courts and ordered criminal proceedings to start afresh before a different magistrate. Moreover, the court awarded him €3,000 by way of civil damages suffered on account of the violation of his rights. 

Lawyers Jason Azzopardi, Eve Borg Costanzi, Kris Busietta and Julian Farrugia appeared for Mr Bonnici.

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