Appeals court ruling brings four-year legal battle to an end
Man who pleaded guilty to drug trafficking charges under interrogation has now been acquitted.
A man who admitted to drug trafficking during police interrogation has been acquitted of the charges because a lawyer had not assisted him during the questioning.
The Court of Appeal has now ruled that Alvin Privitera's rights were breached when he was not offered legal assistance during the interrogation.
Privitera's defence counsel, lawyer Franco Debono, argued that Privitera's rights had been breached. Privitera was the first case where the courts were asked to declare that not offering legal assistance to a man during interrogation constituted a breach of fundamental rights.
Privitera risked a 10-year jail term when in 2007 he admitted to trafficking drugs during police interrogation.
The Court of Magistrates made a reference to the Civil Court which held that the accused's rights had been breached. The Attorney General appealed before the Constitutional Court, which confirmed the findings of the Civil Court and referred the case back to the Court of Magistrates. The Court of Magistrates has now acquitted Privitera.