No unfair trial for man sentenced to life for murder - Constitutional Court

Judge Anna Felice, presiding over the First Hall of the Civil Court (Constitutional jurisdiction) threw out a Constitutional application made by convicted murderer John Attard, known as 'Il-Muha' who claimed his right to a fair trial was breached due to two articles in the Criminal Code which, according to his lawyer, seem to be contradictory.

Attard was handed a life sentence last in November 2010 after jurors found him guilty of the murder of local warden Fortunata Spiteri in Gozo in 2001.

Through his lawyer Josè Herrera, Attard claimed that he was not given the right to have access to a lawyer when his statements were taken.

He stressed that these statements should not have been shown to the jurors.

Herrera also added that according to both the Constitution and the European Convention of Human Rights, for a defendant to have a fair trial, he or she  should have the right to hear witnesses.

The main witness in the murder case was John sive Ġużeppi Farrugia, who had given his testimony in September 2002, but died during the course of the proceedings.

Herrera said this shows that contrary to what is said in the Criminal Code, the prosecution had to summon witnesses who gave their statements in the inquiry, for cross-examination. But this could not be done because Ġużeppi Farrugia was charged over the same murder and also had a pending court case.

He asked the court to declare that his client did not have a fair trial due to the presentation of his statements, which were taken illegally, and the presentation of a statement made behind his back.

Decision

The court ruled that it was throwing out the application, due to the fact that the death of an important witness was nobody's fault, while also ruling that the statement was given by the accused without fear or threat.

The court also denied the request to have the whole judicial process annulled,