The Constitutional Court in a milestone judgement this morning ruled that an accused person should have the right to appeal when bail is refused, in the same way as the Attorney General enjoys the right to appeal when bail is granted.

The decision was handed down by Mr Justice Tonio Mallia following a constitutional application filed by lawyer Franco Debono on behalf of Conrad Axisa, of Ghaxaq, who stands accused of drug trafficking.

The application was filed against the Attorney General, the Minister of Justice and the Commissioner of Police. 

Dr Debono had argued that the fact that the Attorney General could file an appeal from bail decisions when bail was granted, but the accused had no such right when bail was refused, breached the principle of equality of arms and the fundamental human right to a fair hearing.

The accused had meantime been granted bail. However the court upheld the argument and directed the competent authorities to remedy this situation within three months, failing which  the court ordered that the right granted to the Attorney General under the relevant sections of the law shall also apply to the accused.

The court ordered that a copy of the sentence to be sent to the Clerk of the House of Representatives. 

When he presented his case, last August, Dr Debono had delivered a 15-minute tirade against the (then) Minister of Justice, saying he should “wake up from his slumber” as there were serious issues that needed to be dealt with swiftly.