Tempers flared in court yesterday morning as two defence lawyers threatened to abandon a trial by jury in the midst of heated arguments with the prosecution during the cross examination of a witness.
Police Inspector Nezren Grixti was testifying in the trial of two South American men over drug trafficking when loud arguments broke out between defence lawyers Joe Mifsud and Joe Brincat on one side and the Attorney General’s representative, lawyer Nadine Sant, on the other.
At one point, as Dr Mifsud was yelling, Mr Justice Michael Mallia slammed his fists on the bench and reprimanded the lawyers, telling them: “If anyone is entitled to shout in here that is me and me alone.”
Dr Mifsud and Dr Brincat are representing Josè Pena, 41, from Colombia and Domingo Navas, 33, of Panama, who are pleading not guilty to conspiring to traffic in 1.5 kilogrammes of drugs, worth €133,000, in 2006.
In the first wave of discontent, Dr Brincat was engaged in an argument with Dr Sant, insisting that, according to law, he could ask questions to the witness even after she was over questioning him.
Dr Sant replied that since it was the prosecution’s witness she was allowed the last question and not Dr Brincat.
After a few minutes of exchanges, the lawyer sudd-enly removed his toga and threatened to leave the proc-eedings and renounce his responsibility as his client’s lawyer.
Mr Justice Mallia told him he could do so but had to wear his toga when addressing the court, adding that the lawyer had insulted the Bench with his shenanigans, to which the lawyer promptly apolog-ised.
After reviewing the law, the judge decided in favour of Dr Brincat and allowed him to ask the question.
A short while later, Dr Mifsud rose to begin questioning when he also lost his temper and said that if Dr Sant kept continuously interrupting him he would walk out.
At one point, Dr Mifsud asked Inspector Grixti whether he had held any strategy meetings with Dr Sant over the trial. The judge retorted that, as the prosecution, it was their right to do so.
Dr Sant said the question was unacceptable. What the lawyer was asking for was privileged information because it was confidential.
However, Dr Mifsud insist-ed on asking the question and Dr Sant suddenly turned to ask him if he had had any strategy meetings with any of the prosecution’s witnesses. The defence lawyer lost his temper and started shouting, saying this was a serious accusation.
It was at this point that Mr Justice Mallia banged his fists and reprimanded both Dr Sant and Dr Mifsud for their behaviour.
Following an awkward silence, Dr Mifsud contin-ued questioning the officer and was told that Mr Navas and Mr Pena had been caught in a controlled delivery at a Sliema hotel. Enrique Martinez Burgoa, 43, a Mex-ican drug mule who was sentenced to jail for import-ing the 1.5 kilograms into Malta, was told to phone a number while in the hotel room accompanied by some police officers. A short time later there was a knock at the door and the two accused appeared.
The trial continues.