Disbarred lawyer Patrick Spiteri is claiming that he cannot brief his lawyer because the prison does not allow him the proper environment in which to sort through some 300 boxes of crucial documents.
Dr Spiteri once again took the witness stand today in criminal proceedings over misappropriation, fraud and falsification of documents.
Following the deposition by his elderly parents during the previous court sitting, when the court heard evidence on the issue of bail, this morning’s hearing brought a fresh twist to the case. Defence lawyer Stefano Filletti is now claiming that his client cannot adequately defend himself since access to hundreds of box files containing crucial documents is next to impossible.
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Having first brought up this issue in an earlier morning sitting linked to separate proceedings before Magistrate Consuelo Scerri Herrera, reference to the issue was put forward before a different court presided over by Magistrate Josette Demicoli.
Leaning on crutches, Dr Spiteri slowly made his way to the witness stand where he explained how up to 2013, when he first succumbed to Behcet’s Syndrome, a degenerative disease that causes neurological damage, resulting in loss of coordination and stiffening of the limbs, genitals, throat and mouth ulcers and skin lesions, all his documents were systematically filed.
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There were close to 400 box files at his Gwardamangia office, some two doors away from his parents’ residence. However, when the premises were seized by HSBC in 2015, the documentation ended up in disarray. Some 98 boxes were taken to court, while the rest remained in the office under a warrant of seizure issued in favour of the bank.
Over five such visits he had sifted through 28 boxes, taking 17 pages of handwritten notes and identifying over 5,000 pages for photocopying
A court decree had granted Dr Spiteri access to the files, so he could take notes and photocopies of any documents crucial to assist his lawyer in preparing his defence. However, a visit to his Guardamangia office, closed for some four years, revealed the daunting nature of the task which lay ahead. Accompanied by plainclothes policemen, Dr Spiteri had tried to work in a closed, dusty room, managing to sift through four boxes of papers. However, the working conditions had detrimental effects upon his fragile state of health.
The former lawyer said he had been allocated space at the court lock-up and over five such visits he had sifted through 28 boxes, taking 17 pages of handwritten notes and identifying over 5,000 pages for photocopying. However, this facility was withheld after August 11, 2017.
Since no documents could be taken to prison, it had become practically impossible for Dr Spiteri to assist his lawyer in his brief. All this would be overcome were he to be granted bail and allowed to reside with his parents where he could have easy access to his documents and could work in a healthy environment, he pointed out.
I have never handled such a brief where there are over 300 boxes of evidence
Working from the closed, restricted and cockroach-infested confines of his cell was practically impossible. Likewise, regular visits outside prison to gain access to his files had an adverse effect upon his medication cycles.
This testimony prompted the prosecution to point out that under an earlier decree, Dr Spiteri had been allowed to look for an alternative storage and workplace, even possibly a garage. However, Dr Filletti noted that the search for such alternative premises was hindered by the fact that his client was in prison.
“What do other inmates do? How do they prepare their defence?” remarked Assistant Commissioner Ian Abdilla, conducting the prosecution.
“I believe that this case is particular. I have never handled such a brief where there are over 300 boxes of evidence,” pointed out Dr Filletti.
The case continues.