A Sicilian man accused of complicity in a 2005 murder plans to file a constitutional case after his trial by jury was postponed, further prolonging the already decade-old case.

Piero di Bartolo, 40, is pleading not guilty to complicity in the murder of Albert Brian Rosso, who went missing in October 2005 and whose body was never found.

He was charged together with Anthony Bugeja, the man who police believe shot and killed Mr Rosso. Investigators suspect Mr Rosso was murdered in a Birżebbuġa garage and his body was then dumped at sea, outside the Freeport.

Mr di Bartolo was due to stand trial on Monday but it was postponed after Mr Justice Michael Mallia upheld a request by the Attorney General to delay it so the two men could be tried together.

In an urgent application, Mr di Bartolo asked the court to revoke the ruling postponing the trial. His lawyer, Roberto Montalto, argued that the Attorney General made the request because he believed it could strategically help the prosecution’s case but that did not make logistical sense and was not the best example of administration of justice.

He noted that his client’s right to face a fair trial in a reasonable period of time was already being breached, adding that the court should have put this before any other consideration.

Mr Justice Mallia turned down the application, which meant the trial was in fact delayed.