Two men, allegedly involved in an armed holdup perpetrated by a gang of four upon a BOV employee in San Ġwann 18 years ago, are claiming a breach of their right to a fair hearing.
James Vella, 38, and Christopher Scerri, 40, were arraigned in 2014 over their alleged involvement in the violent robbery which had taken place in September 2000.
It was around 5am when Alphonse Ferriggi, a bank messenger, was killed by a single shot fired from a gun at a distance of some five metres, just as he exited the car outside the San Ġwann BOV branch.
The mastermind behind the violent coup, Richard Grech, known as ‘iż-Żinnanna,’ had been condemned to life imprisonment following a trial by jury in May 2011 over the willful murder and violent robbery.
An accomplice in the same coup, Joseph Zammit, had been given a 30-year jail term at the end of another trial by jury in 2009.
The other two suspects, Mr Vella and Mr Scerri, were charged over their alleged involvement in the murder, with proceedings kicking off against them in 2014.
Although all prosecution witnesses have testified in the proceedings, the Attorney General has, for the past two years, insisted upon summoning Richard Grech to testify, something which the man has refused to do since he is still awaiting judgment on appeal.
In spite of this refusal on account of the possibility of self-incrimination, the AG has repeatedly insisted upon the testimony of Richard Grech, stating this sole request in 18 out of 34 referrals of the records of the case.
In spite of such insistence, the prosecution had not once summoned Mr Grech to confirm under oath that appeal proceedings were truly still ongoing in his regard, the applicants observed in an application filed before the First Hall, Civil Court in its Constitutional Jurisdiction.
The court heard how the applicants spent the last two years turning up for court hearings in vain, a situation made worse by the fact that criminal allegations in their regard dated back to an incident which took place 18 years ago.
Such an ongoing and unjustified delay amounted to a breach of their right to a fair hearing within a reasonable time, the applicants claimed, citing a similar scenario which emerged in criminal proceedings against Silvio Zammit, whose compilation of evidence was held up by the prosecution’s insistence upon a witness who resided abroad and who refused to turn up to testify.
In light of such circumstances, the applicants requested the court to declare the unreasonable delay in bringing criminal proceedings to an end a breach of their right to a fair hearing as safeguarded under article 39 of the Constitution and article 6 of the European Convention.
Furthermore, the applicants requested the court to grant an effective remedy and provide as necessary to safeguard their fundamental rights.
The application was signed by lawyers Franco Debono, Marion Camilleri and Amadeus Cachia.