A doctor who waited for almost 26 years for a civil action against him to be decided was yesterday awarded €2,500 compensation.
Mr Justice Mark Chetcuti, sitting in the First Hall of the Civil Court, heard that, in 1987, John and Mary Margaret Cachia sued Tancred Busuttil and Lucia Micallef Hawkers for damages.
The couple complained that their son, Ronald, born in 1985, was disabled because he was not delivered by Caesarean section.
In 2008, Dr Busuttil filed a constitutional application complaining that his right to a fair hearing had been violated by the undue delay in the proceedings.
Mr Justice Chetcuti noted in his judgment yesterday that all the circumstances of a case had to be examined to assess whether justice had been unduly delayed.
These included the complexity of the case, the actions of the parties and the manner in which the presiding judge had conducted the proceedings.
The court noted that civil proceedings against the two doctors were filed two years after Ronald Cachia was born. At the time of the birth, a Medical Council investigation had absolved both doctors of responsibility.
When examining records of the civil action, the court noted that between 1987 and 1992 all evidence had been heard and the case was put off for a report by court-ap-pointed medical and legal experts.
The first difficulty arose when the case was put off in 1992 for the reports and the Cachias asked permission to produce further evidence. The issue dragged on until 1994 when the judge hearing the civil case upheld their request.
Mr Justice Chetcuti also noted the presiding judge had changed four times during the proceedings.
There were no sittings between 1994 and 1995 and the medical expert’s report was submitted in 2001. The couple then asked for additional experts to be appointed.
Mr Justice Chetcuti said that experts’ failure to file their reports for six-and-a-half years was unjustified. The court had not been strict enough and did not summon the experts to justify their delays.
These factors, Mr Justice Chetcuti concluded, led to a violation of Dr Busuttil’s human rights.