A man accused of drug trafficking is claiming that a court decree which allowed the prosecution to use the testimony of his accomplice against him breached his fundamental rights.

The case dates back to 2005 when Christopher Schembri, of Hamrun, who is now 41, was arrested on suspicion of cocaine trafficking. During proceedings, the prosecution rested its case on the testimony of an alleged accomplice, Raymond Gerada.

The defence, however, had asked the court for a decree, on the grounds  that when the alleged crime was committed, the criminal code stated that evidence given in court by an accomplice was not enough to find somebody guilty.

It added that provisions whereby the testimony of an accomplice could be given weight, had only come into force in 2006 – the interim period in which the defendant had not yet been charged in court.

In July last year Magistrate Natasha Galea Sciberras rejected Mr Schembri’s request, saying that the prosecution had every right to present the testimony given by Mr Gerada as evidence against the defendant.

Mr Schembri today filed an application before the Constitutional Court claiming he was being denied the right for a fair hearing. He also lamented that the police’s delay with the arraignment placed him at a disadvantaged.