A man who is meant to stand trial for importing 9,000 ecstasy pills asked a court to postpone the case, scheduled to start next month, as he is contesting the validity of a recent judgement.
Alfred Camilleri is insisting that the statement he released to police soon after his arrest should not be admitted as evidence in his trial – in line with a string of court decisions handed down over the years.
Mr Camilleri – through his lawyers Veronique Dalli and Joseph Gatt -noted that in May 2011 he filed a constitutional reference arguing that his rights for a fair trial were violated when he was not accompanied by a lawyer when giving a police statement.
On January 16, 2012, the First Hall of the Civil Court in its constitutional jurisdiction found that his rights had been breached.
The Attorney General appealed the matter in the Constitutional Court and, on November 12, 2012, the court - presided by Mr Justice Giannino Caruana Demajo, Mr Justice Joseph Zammit Mc Keon and Mr Justice Noel Cuschieri – confirmed the original judgment.
The Attorney General then made a request for the case to be reheard and this was accepted. He argued that such a practice had not been allowed for some 50 years.
On January 31, 2014, the Constitutional Court – presided by the same three judges – overturned its own (November 2012) decision and ruled that Mr Camilleri’s rights had not been breached – therefore his statement could be used as evidence against him.
Yesterday Mr Camilleri filed an application in the First Hall of the Civil Court in constitutional jurisdiction in which he called on the court to declare that the decision for the case to be reheard, and the January 2014 decision, were null.
He argued that this decision created legal uncertainty as it contradict3ed case law. Besides, he said, his rights had been breached since the same judges overturned their own decision following the Attorney General’s request.
In a separate application he asked the court to postpone his trial – scheduled for March 9 – until this matter was decided.