Court upholds lawyer’s right to intervene in case as injured party

A Court of Appeal rejected the request by construction tycoon Charles Polidano, who opposed the participation of lawyer Reuben Farrugia as parte civile in an appeal from a €100,000 fine Polidano was handed earlier this year.

Polidano was accused of cutting down protected trees and demolishing a rubble wall in Main Street, Balzan. During the proceedings, Dr Reuben Farrugia explained how his residence was adjacent to the site in question, and that he had a vested interest to protect his property.

In the sitting held on 10 October 2012, Dr Farrugia declared himself the 'offended party' and as a lawyer had the right to represent himself. At the start of the proceedings on 3 June 2013, Polidano was found guilty and fined €100,000.

However the accused appealed the judgement arguing he was not linked to the site in question and that he was selected and targeted.

"The prosecution did not observe the most basic elementary rules of criminal procedures when it neither mentioned the name of any person on site at the time of the alleged incident nor summoned any witnesses to confirm who was their employer or if they were the employees of the companies in question," the appeal read.

Polidano exhibited documentary evidence showing that he was not linked to the site and that the property had been transferred to third parties back in 2006. He also objected to Dr Farrugia's claim as parte civile and his interventions in the case.

Mr Justice David Scicluna decreed that during the proceedings in the first court neither the prosecution nor the defence had objected to Dr Farrugia's claim as parte civile.

"In ex ufficio proceedings, both the police and the victim have a right for legal assistance, who can question and cross-examine all the witnesses, and also summon witnesses to substantiate the prosecution's claims. Since in this case the victim is himself a lawyer, he can opt to take such responsibility upon himself."

In a preliminary judgement, the Court of Appeal held that the action of Dr Reuben Farrugia as parte civile did not go against procedure and held no sway in claims filed by the accused calling for the procedures against him in the Court of Magistrate to be declared null.