New amendments to the Criminal Code will enable people to appeal the Attorney General’s decision on whether they must face a trial by jury or in the Magistrates’ Court, Justice Minister Owen Bonnici has said.

This is an amendment we will make soon, imminently actually

He said the amendments would be proposed “imminently”, the second set of amendments to the Criminal Code since the beginning of this legislature.

Dr Bonnici was replying to questions from Times of Malta after a judge on Thursday ruled that the Attorney General’s unfettered discretion on which court should try the accused could lead to a breach of the right to a fair hearing.

The ruling was given by Madam Justice Lorraine Schembri Orland in two separate constitutional cases made in the course of trials by jury of Nelson Mufa and Patrick Ndubisi Nisi, both of whom are facing charges of drug trafficking.

Madam Justice Schembri Orland said the European Court of Human Rights had already ruled, in the case of Mario Camilleri against the Republic of Malta, that this discretion was in violation of the right to a fair hearing.

The discretionary powers vested in the Attorney General meant that the prosecution had the sole right to decide the minimum penalty applicable to the offence.

The State had remained passive and had failed to address the issues raised as a result of the Camilleri judgment, the court added.

But Dr Bonnici said this was an amendment in the pipeline and would be filed soon in Parliament.

Among other changes, it is being proposed that although it will remain, the discretionaryelement can be appealed and be overturned by a court of law.

“This is an amendment we will make soon, imminently actually. While the AG can continue to decide, the decision can be overturned by a court, something which before could not be done,” he told this newspaper.