A trial by jury yesterday ground to halt before it could even get under way after a defence counsel asked for a constitutional reference to be made claiming a breach of human rights because the accused had no access to a lawyer during investigations.

The trial, in which Alfred Camilleri, 59, of Valletta stands accused of conspiring to import more than 9,000 ecstasy pills, was referred to the Constitutional Court before the jurors were chosen.

This was the second time Mr Justice Michael Mallia has referred a trial by jury to the Constitutional Court on the same point after a murder trial was postponed last month.

At the start of yesterday’s proceedings, lawyers Josè Herrera and Veronique Dalli said that minutes after their client’s arrest in September 2006, he spoke to the police which, they said, was tantamount to an oral statement. Since he had no access to a lawyer this was a breach of his human rights, they argued.

Within the hour of yesterday’s decision, lawyer Franco Debono requested that three other cases, where three men stand accused of drug trafficking, be declared null because of the same reason – no access to a lawyer during investigations. Decisions are pending.

Lawyers had foreseen substantial ripple effects on several pending criminal cases following the confirmation of three landmark Constitutional Court judgments at the end of last month. The judgments confirmed that suspects’ human rights had been breached when they were denied access to a lawyer during police interrogations.

A new law granting suspects access to a lawyer during investigations only came into force in February last year. However, the implication of the Constitutional Court judgments is that anyone facing criminal proceedings started before the law came in force could now potentially claim breach of human rights, criminal lawyers had said.