A court has declared inadmissible phone intercepts by the Security Service after no authorisation warrants were produced. 

The declaration was made by Magistrate Francesco Depasquale in a criminal case instituted against Noel Xuereb and Pierre Mercieca in relation to a contract for IT services at Mater Dei hospital. 

In the course of investigations, the police had asked for and obtained recorded telephone calls made and received by the accused. The calls had been intercepted by the Secret Service and the recordings were later presented as evidence in court.

However, when pressed by the defence to produce proof of authorisation of such intercepts, the prosecution persistently refused to comply arguing that no-one had the right to question such a practice. 

The court observed that the Security Services Act makes it obligatory for any telephone intercept or tapping to be authorised by the responsible minister. Failure to show such a ministerial warrant would render the intercept illegal.

In this case, no such warrant was produced, the court said, and therefore it could not judge whether the intercepts had been lawfully carried out or not. 

"No court may allow a state of illegality and every court has a duty to ensure that any telephone intercept, which obviously entails an encroachment upon a person's privacy, is carried out according to law," the magistrate remarked. 

Since the prosecution had failed to produce the warrants attesting the legality of the telephone intercepts, the court had no option but to declare such evidence as inadmissible against the defendants. 

Inspectors Ian Abdilla and Joseph Cordina prosecuted.

Lawyers Joseph Giglio and Kathleen Grima were defence