A landmark decision which held it is unconstitutional to deny accused individuals the right to appeal against bail decisions was lauded by legal experts yesterday.

This right was given to the Attorney General in 2002

But a former judge expressed reservations about the ruling’s logical underpinnings while criticising the judiciary and parliament for ignoring the Constitution’s supremacy.

Friday’s judgment means that those denied bail will have the right to appeal.

While the Attorney-General has always been able to appeal against court decisions to grant bail, the accused did not previously have this right.

In his judgment, Mr Justice Tonio Mallia also gave Parliament a three-month ultimatum to revoke the current “unconstitutional” state of affairs, saying that if it failed to do so, accused individuals would automatically be granted the right to appeal against bail decisions.

Criminal lawyer and lecturer Stefano Filletti welcomed the judgment. “One of the trial processes most essential ingredients is equality of arms, with both the prosecutor and accused having the same rights and duties.”

Dr Filletti said that granting the accused the right to appeal made for more equal trials – and more transparent ones too.

Criminal lawyer Franco Debono, the lawyer who presented the case in question, was also pleased with the judgment, though he questioned why it had taken so long to come about. “It’s very perplexing that the accused wasn’t granted the right to appeal when this right was given to the Attorney General back in 2002,” Dr Debono said. He felt the situation had arisen due to “the Attorney General’s triple role: as public prosecutor, counsel to the government and legal drafter.”

But former European Court of Human Rights judge Giovanni Bonello expressed cautious reservation about the “significant” ruling, saying that while he agreed with its practical effects in principle, he was “not entirely convinced of the reasoning that led to it”.

“Granting bail, besides affecting the accused, brings with it a series of societal issues, as it results in a potential criminal being let free, and the possibility of intimidation of witnesses, suppression of evidence, risk of absconding.” Denying bail, on the other hand, affected only the accused. “Are the two situations equal and comparable? Discrimination can only be established when one compares like with like.”