A man previously sentenced to 18 months in prison for drug trafficking is to get another shot at justice after a Constitutional court annulled that judgment and ordered his case to be heard anew. 

Dominic Camilleri, 35, had had his right to a fair hearing breached because he had not been given the right to consult with a lawyer ahead of giving statements to the police, the court found. Mr had been arrested in February 2004 on suspicion of drug trafficking and had been arraigned four years later, in October 2008.

Mr Camilleri had been arrested in February 2004 on suspicion of drug trafficking and had been arraigned four years later, in October 2008.

He was found guilty by a magistrate's court in February 2014 and handed an 18-month jail term as well as €950 fine. 

Mr Camilleri had appealed the conviction and also filed a Constitutional case claiming that his right to a fair hearing had been breached, given that the "only proof" the prosecution had provided were two statements he had made while under police interrogation.

The First Hall, Civil Court, presided by Mr Justice Joseph Zammit McKeon, observed that the magistrate's court had declared that the charges rested entirely on these statements which had been taken without the accused having been given the chance to consult a lawyer.

Referring to a judgment delivered by the European Court of Human Rights in Borg vs Malta, the court pointed out that any statement taken without legal assistance is in breach of the person's right to a fair trial as safeguarded by article 39 of the Constitution and Article 6 of the European Convention.

The court observed that there had been no "compelling reasons" for the police to interrogate the suspect before the latter had time to consult his lawyer.

It was noted that Mr Camilleri had been present during a police search at a place where the drugs were ultimately discovered. However, a personal search of the accused had not yielded any drugs.

"At no time was he allowed to seek the advice of a lawyer," the court concluded.

For this reason, the judgment delivered by the magistrate's court was to be declared null. The court also ordered the appeal proceedings to be stayed pending the fresh hearing of the case before another magistrate's court, to be assigned by the Courts Registrar.

The court further awarded the accused €1,000 by way of compensation for the violation of his fundamental right.

Lawyers Jason Azzopardi, Kris Busietta and Julian Farrugia were defence counsel.

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