A constitutional court has declared that Alfred Degiorgio’s right to a fair hearing had not been breached by a ruling of the Magistrates’ Court allowing FBI experts to testify in the Caruana Galizia murder compilation.

This was the crux of a judgment handed down on Thursday by the First Hall, Civil Court in its constitutional jurisdiction in proceedings instituted by Mr Degiorgio who, alongside his brother George and Vincent Muscat, is currently being accused of the murder of Daphne Caruana Galizia.

The Magistrates’ Court presiding over the murder compilation had allowed FBI experts to testify and present evidence last year.

Two requests for interim measures in similar vein, had also been turned down by the Constitutional Courts.

“Did this amount to a breach of the applicant’s right to a fair hearing?” the Court asked. “This Court deems that the answer to this question is in the negative.”

The Court, presided over by Mr Justice Mark Chetcuti, observed that the testimony of the FBI witnesses, together with any documents exhibited in evidence by them, could still be removed from the records of the compilation under order of the Constitutional Court.

Moreover, not only was the murder compilation still ongoing, but nor was that the final stage of the criminal proceedings, the Court went on, stating that proceedings had not even reached the stage of a trial by jury.

This meant that Mr Degiorgio could still avail himself of various ordinary remedies before the Criminal Courts, the Court declared.

The very fact that he had instituted this case was proof that the applicant always had an effective remedy as long as his claim was upheld, the Court concluded, rejecting the applicant’s claim of the alleged breach of rights.

Lawyer William Cuschieri assisted the applicant.