A court has upheld a request for the Chief Justice to abstain from hearing a case because of his possible link while he served as Attorney General.

The request was made by Emanuel Camilleri, who is claiming a breach of his fundamental rights when he was criminally convicted for sexual abuse on the basis of his daughter's false testimony. Mr Camilleri had served several months in jail before the daughter admitted her false testimony and he was released. 

Mr Camilleri had filed a constitutional application against Police Inspector Louise Calleja, the Police Commissioner and the Attorney General claiming that the criminal proceedings against him had violated his right to a fair hearing. He also submitted that his right to privacy and family life had been violated as a result of the conviction. 

The first court had dismissed Mr Camilleri’s claims of human rights violations but ruled he had suffered a serious injustice by being wrongly convicted on the basis of false testimony. The applicant had appealed this judgment. 

The court of appeal presided by Mr Chief Justice Silvio Camilleri, Mr Justice Giannino Caruana Demajo and Mr Justice Noel Cuschieri today upheld Mr Camilleri's request for the Chief Justice to abstain from presiding over the case. 

The court noted that documents drawn up by lawyers from the Attorney General's office were deemed to have been issued by the Attorney General, even though he might never have been personally consulted on the matters involved.

Since at the time of the criminal proceedings against Mr Camilleri, the present Chief Justice occupied the office of Attorney General, the request for Mr Chief Justice Silvio Camilleri to abstain from presiding over the appeal, merited approval.