A man was yesterday awarded €1,500 in moral damages in compensation for a lengthy domestic violence case in which he was acquitted only after seven years of court hearings.

Joseph John Gatt filed a constitutional application against the Registrar of Courts, the Permanent Secretary in the Justice Ministry and the Attorney General, protesting against the delay.

He had been arraigned on charges of domestic violence in February 2000, following a complaint by his wife. He was eventually acquitted but proceedings against him took seven years to be concluded.

Mr Gatt claimed the delay was in violation of his fundamental human right to a fair hearing within a reasonable time. Mr Justice Joseph Micallef pointed out that the criminal action against Mr Gatt had been beset by irregularities.

The proceedings had started in a summary manner, which is an expedited form reserved for minor offences. However, the magistrate presiding over the case changed and in July 2007 it was decided that there should have been a compilation of evidence, a more thorough form of proceedings for serious crimes.

In October 2007, however, it was again decided to hear and decide the case summarily and the court delivered judgment acquitting Mr Gatt of all charges later that month.

In yesterday’s judgment the court concluded that there was no reasonable justification for the delays in Mr Gatt’s case as it was not a complex one, nor did he bear any responsibility for the delay.

The court concluded by awarding Mr Gatt €1,500 in moral damages.

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