A man's claim that his fundamental right to a fair hearing was violated owing to a procedural error was upheld by a constitutional court which declared there had been a "clear and unequivocal" breach of rights.

Christopher Cassar, 38, from Żabbar had been sentenced to four years in jail in 2007 after a magistrate's court had found him guilty of trafficking drugs within 100 metres of a boċċi club while under the operative period of a suspended sentence.

However, the accused later filed an application before the First Hall, Civil Court alleging that his right to a fair hearing had been violated owing to a mistake by the prosecution.

The court, presided by Madame Justice Anna Felice, heard how the prosecution had filed its final note of submissions in the court registry when the case had been put off for judgment.

The prosecution could have easily handed over a copy of the document to the defence during the hearing itself, the court remarked. Instead, the note was filed without the defence being informed.

The prosecution’s failure was serious since the defence was not aware of the final submissions and could not present its counter-arguments. "The rights of the defence were manifestly violated," the court concluded.

The court upheld the plaintiff's claim that his right to a fair hearing had been violated.

It ordered the case to be sent back before a magistrate's court to proceed from the stage of the filing of the final note of submissions by the prosecution and for judgment to be delivered accordingly.

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