Court confirms judgement awarding Tancred Tabone €7,000 in damages

The constitutional court upheld a €7,000 damages award to Tancred Tabone and ordered the prosecution to close its evidence within two sittings, citing a violation of his right to a fair trial due to excessive trial delays.

Tancred Tabone was a suspect in the Enemalta oil scandal who presently faces various charges including bribery, taking a private interest in an adjudication and money laundering. His prosecution and continued freezing of assets have not resulted in a trial since his arraignment in 2013.

Tabone started constitutional proceedings in February 2023, arguing that despite over sixty sittings since his arraignment, the prosecution had yet to close its investigations.

Since 2014, the state prosecutor had justified the delay in proceedings as stemming from requests for evidence from abroad. Moreover, various witnesses whom Tabone intended to call to his defence have passed away since his arraignment.

He argued that these factors indicated that Tabone’s right to a fair trial had been breached.

In July 2024, the civil court in its constitutional jurisdiction, presided over by Mr Justice Toni Abela, had decreed that Tabone should be allowed to appear in two hearings in court for the compilation of evidence. After these hearings, the compilation should be regarded as closed, irrespectively of whether the prosecution had managed to put proof forward or not.  

The court had noted that such delays in proceedings caused great prejudice to the defendant, especially given the circumstances of the case. It was remarked that throughout proceedings, Tabone had been subjected to a freezing order which essentially ‘paralysed him in his commercial activities’.

The constitutional court has now confirmed the decision handed at first instance, rejecting an appeal lodged on various grounds by the attorney general and state advocate.

Various grounds for appeal, including the merits of the case and the awarding of damages, were raised. The appellants argued that one had to consider the complexities of the case, including the difficulties of obtaining evidence from abroad and the large number of companies involved.

The court, presided over by Chief Justice Mark Chetcuti, Mr Justice Giannino Caruana Demajo and Mr Justice Anthony Ellul noted that the court of first instance had taken such issues into consideration and remarked that proceedings had been pending for twelve years.

“This [is] definitely not the manner in which proceedings should be conducted,” the court said in its decree, adding that the excessive length of proceedings demonstrated that proceedings were not conducted correctly.

Moreover, the court confirmed the quantum of damages, stating that there was nothing irregular in the awarding thereof.

Compilation in criminal proceedings now closed

In a sitting held days after the pronouncement of the constitutional court, the magistrates’ court decided that the compilation of evidence was closed since six different sittings spanning from July to January had been held, with the prosecution being afforded various opportunities to put forward any remaining evidence.

Criminal proceedings were adjourned to 8 April 2025.

Lawyer Giannella De Marco represented Tabone.