A motorist who had to wait for six years for a civil case regarding a traffic accident to be decided has won €600 in compensation after a court ruled that the delays were unwarranted.

The court heard how the case was put off for judgment on June 12, 2007, but the decision was only handed down on October 15, 2013, after no less than 15 deferred sittings.

Mr Justice Anthony Ellul, presiding over the First Hall of the Civil Court in its constitutional jurisdiction, heard how the civil case against Francis Farrugia was over a traffic accident that happened in St Paul’s Bay on February 25, 2006.

The court case was filed in September that year and evidence was compiled by a judicial assistant. The judge heard the case on June 12, 2007 and deferred the case for judgment to October 31. However, there was 15 deferred sittings before the case was decided.

Mr Farrugia had been found responsible for the accident and was ordered to pay €12,700 in damages.

Mr Justice Ellul noted how the case that had to be decided was not complicated at all as all the court had to do was determine responsibility.

The judge found as “out of place” the Attorney General’s argument that the court was not bound by any time limit by when to decide cases. The court said cases had to be heard and decided in a reasonable time “...and six years cannot be considered to be a reasonable time”.

He therefore ordered that Mr Farrugia’s right to a fair hearing within a reasonable time had been breached and awarded him €600 in compensation, after considering that at no stage did Mr Farrugia complain about the time it was taking to decide his case. 

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