Magistrate rejects call for voice comparison tests

Magistrate Carol Peralta turned down a request by prosecuting officers for the taking of voice electronic samples of Chris Brincat and Ronnie Mackay, who stand accused of attempting to bribe a football player in 2012.

Brincat, 27 of Floriana and Mackay, 31 of Marsa, stand accused of attempting to bribe Naxxar player Sunday Eboh prior to a First Division game against Gzira in September 2012.

During the compilation of evidence, the prosecution claimed the Nigerian footballer had received a phone call from Brincat's brother Germaine, asking him to meet before the game. Eboh went for the meeting and found Ronnie Mackay and former Futsal player Chris Brincat waiting for him.

While the two men are accused of having attempted to bribe him, Eboh refused and informed the Malta Football Association of the incident. The MFA reported the allegation to the police, and suspended Brincat for life from professional football.

In a previous sitting, Eboh said he had recorded his phone conversation and the recording was given to the police. Prosecuting Inspector Melvin Camilleri asked the court to order the accused to give electronic samples of their voice, to be used in voice comparison tests with the phone recording the police have.

However, defence lawyers Franco Debono and Veronique Dalli strongly objected to the request stating that it would breach the accused's right to silence. While the law contemplates the instances where a court can order the taking of samples like DNA and fingerprints, the law does not discuss the taking of voice samples.

"The accused has a right to silence from the minute he is arrested until the sentence is delivered. If he utters 'no comment' he would also have breached his own right to stay silent," the defence lawyer argued.

In today's sitting, Magistrate Carol Peralta rejected the prosecution's request and upheld the arguments of the defence saying the court can never entertain a request by the prosecution that would lead to the accused incriminating themselves.

Dr Veronique Dalli and Dr Dean Hili are appearing for Chris Brincat, while Dr Franco Debono is appearing for AFM soldier Ronnie Mackay, who also faces charges of relapsing and committing a crime he was duty bound to prevent.