Two top criminal defence lawyers yesterday accused the prosecution in a double murder case of “flagrantly” disobeying court orders.
During the sitting yesterday lawyers Giannella de Marco and Joe Giglio highlighted how a main witness, an “accomplice in the murders”, was repeatedly not brought to testify. As a result their clients were repeatedly denied bail.
Dr de Marco asked the court to refer the matter to the Constitutional Court, claiming breach of her client Jason Galea’s rights.
Today every citizen has a reason to be worried
The witness in question was Alfredo Attard, who took the witness stand yesterday against Jason Galea, 39, of Birżebbuġa, and George Galea, 41, of St Julian’s, who stand charged with murdering Mario Camilleri, 51, also known as Imnieħru, and his 21-year-old son Mario Jr. Police Inspector Chris Pullicino tried to put his own arguments forward but was prevented from doing so by Magistrate Antonio Micallef Trigona.
The lawyers said that in a sitting on December 4 the prosecution informed the court that there were two witnesses who had still to testify. These were Emanuel Farrugia, known as Leli id-Deffien, and Mr Attard, who witnessed the murders.
However, the prosecution had said it was next to impossible for Mr Attard to testify because he suffered from serious medical problems.
The court then ordered the prosecution to summon Mr Attard’s doctor to testify but the prosecution only exhibited a medical certificate that he had signed rather than summon him. The lawyers recalled that, after taking the certificate into consideration, the magistrate said he saw no reason for Mr Attard not to testify and ordered the police to summon him.
This order was disobeyed again, they said.
On March 18, a law covering the witness protection programme was changed to allow people like Mr Attard to testify in cases in which they were also involved, in exchange for evidence given at any stage of the criminal proceedings. Until then, the law would not have permitted him, as an alleged accomplice, to testify against his co-accused until the case against him was decided.
On April 2, the Commissioner of Police asked the Attorney General to allow Mr Attard to benefit from the legal changes and be placed under the witness protection programme. The request was granted seven days later.
The lawyers argued that Mr Attard was “conveniently” brought to testify in the following sitting.
“The defence feels that the way the prosecution has led the case, including the Attorney General, has not conformed with the best practices in the administration of justice,” Dr Giglio said.
He added that the court was not given “entirely correct information” by the prosecution until the legal changes were brought into force.
The defence was preoccupied because the new law continued to diminish the court’s power while strengthening the influence of the Attorney General and the prosecution, Dr Giglio added.
“Today every citizen has a reason to be worried about the vast powers the Attorney General has and continues to seek to strengthen.”
Using harsh words, Dr de Marco said that Mr Attard’s testimony, “sold or bought” through the legal changes, violated her client’s human rights.
Dr de Marco asked the court to refer the case to the Constitutional Court for a decision on this matter.
Lawyer Steve Tonna Lowell also appeared for George Galea.