Man charged with court bomb hoax files constitutional application

Richard Cuschieri, the man charged with multiple bomb threats at the law courts, has filed a constitutional application calling on the court to turn down a request from the prosecution for a voice comparison test as this would incriminate the accused.

On 26 June 2012, the 40-year-old contractor from Hamrun was charged with calling the police about a bomb at the Law Courts on March 16 and 26, April 19, May 31 and June 18, last year, when he was due to appear in court over a fraud case. The prosecution explained that sophisticated mobile location devices were used as part of the investigations into frequent bomb hoaxes at the law courts.

As a result the calls were traced to Cuschieri's mobile phone and to a number of telephone booths. Magistrate Carol Peralta refused bail due to the regularity of the offences which disrupted the regular functioning of the law courts and wasted time.

When the compilation of evidence started being heard by Magistrate Saviour Demicoli, prosecuting inspector Daniel Zammit requested a voice comparison test. The officer called on the court to order the accused to read the transcript of the phone calls received by the police, so a voice comparison test is carried out.

Cuschieri's defence objected to the request, arguing the court could not order a test that automatically incriminates the accused during a compilation of evidence. However Magistrate Saviour Demicoli rejected the argument of the defence.

After the Court upheld the prosecution's call for a voice comparison test, the accused filed a Constitutional Application saying the test breaches the accused's fundamental rights for a fair trial and revokes the request for the voice comparison test.

Lawyers Veronique Dalli and Dean Hili signed the constitutional application.