The new magistrate hearing the case against disbarred lawyer Patrick Spiteri has warned that she will not tolerate any more delays in the criminal proceedings which have been dragging on since 2004.
Mr Spiteri was extradited to Malta from England in May over charges of misappropriation and fraud totaling some €7.4 million.
In her first sitting after having been assigned the case upon the retirement of Magistrate Antonio Micallef Trigona, Magistrate Audrey Demicoli observed that she was no longer prepared to hold up the case.
You have to find a solution, I can’t find it for you. The accused can tell you what to look for and you find it
The former lawyer, still being held at the Corradino Correctional Facility, has made several requests for bail, arguing that conditions in prison are proving detrimental to his medical condition, bringing about a worsening of his symptoms.
READ: Patrick Spiteri moved to empty prison ward
Another reason forwarded for release from custody stemmed from his inability to physically access over 400 files of documents – essential for preparing a valid defence. In earlier sittings before other magistrates, his defence lawyer had explained that part of these files were held in court while the rest were still stored at the accused's Gwardamangia property, that has since been seized by HSBC.
Lawyer Stefano Filletti explained in court that the documents were needed to confront witnesses under cross-examination. The courts had refused to take more of the files, owing to the ample storage space required.
Upon hearing this, the court laid responsibility for finding alternative storage on the defence: “You have to find a solution, I can’t find it for you. The accused can tell you what to look for and you find it,” she said.
Pointing out that even the prison authorities had refused to store the documents – even in part –due to insufficient space, added that his client's continued detention was tantamount to illegal arrest.
Magistrate Demicoli ordered the prosecution to summon a representative of the Corradino Correctional Facility to the next sitting scheduled for October 20 so as to seek a solution.