Two stevedores whose fraud case has been pending since they were first charged in 2005, were yesterday awarded €5,000 in compensation for “unjustified delays”.

Mr Justice Tonio Mallia, presiding over the First Hall of the Civil Court in its constitutional jurisdiction, found that the prosecution’s procrastination in the case was breaching their human rights.

Joseph Manuel Galea and Joseph Attard filed their complaint because very little progress was being registered in their case.

They were arrested in 2003 and eventually charged with fraud in 2005. The prosecution is alleging they used to import tomatoes from abroad, probably from Sicily, mix it with locally-grown tomatoes and sell it as local produce to benefit from additional subsidies.

The court noted that the prosecution’s excuse that the case was “unlucky” was no justification.

“It seems the prosecution did not take the case seriously and it was only after the claim for compensation was filed that all the witnesses were summoned to testify in just one sitting. Before that, all calls by the court for the police to expedite proceedings fell on deaf ears,” Mr Justice Mallia.

It is evident the prosecution abandoned this case and made no effort to conclude its case in a reasonable time

He noted that court sittings were often deferred for some reason, including failure to notify witnesses and the prosecution’s failure to appear in court because of other work. “It is evident that the prosecution abandoned this case and made no effort to conclude its case in a reasonable time,” the judge said.

He said neither was it a justification that the prosecuting officer said he had 400 cases to deal with.

“It is the government’s duty to ensure that the justice system could deal with every court case within the appropriate time frame.

“It must furnish the resources, both human and financial, and within the Law Courts and the police, so that cases that are not so complicated do not remain pending for a long number of years,” Mr Justice Mallia said in his decision.

He awarded the men €2,500 each as non-pecuniary compensation for the inconvenience they had suffered.

Lawyers Mark Busuttil and Arthur Azzopardi appeared for the men.