Restrictive legal aid system could breach human rights

Aaron Cassar today filed a constitutional application claiming the current restrictive Legal Aid structure in force at the law courts breached his fundamental human rights

In 2012, Cassar together with a certain Noel Frendo was accused of aggravated theft, illegal possession of a firearm and relapsing. A trial by jury convicted the accused and he was handed an eight-year jail term and fined €2,000..

Cassar appealed the judgement and throughout his jury and his ongoing appeal, he was represented by a legal aid lawyer.

However, the European Court of Human Rights states that the lawyer should be chosen by the accused and paid for by the state.

While this was the case until 2000, amendments in court procedures narrowed the choice to a list of ten lawyers who are assigned cases on a roster basis. In the case of trials by jury there is only one legal aid lawyer available.

Furthermore, the constitutional right of the accused to be assisted by a Legal Aid lawyer states that same lawyer is to be sufficiently remunerated to guarantee a proper defence.

Currently legal aid lawyers are paid €2,329 annually irrespective of the number of cases they handle. Such remuneration could impinge on the accused's right to a fair trial.

The Constitutional Application further explains how the accused was not offered legal assistance at the interrogation stage, he had no access to his police case file, and all form of legal assistance was excluded throughout the investigation.

Cassar is arguing his right to a fair trial was breached due to the restrictive legal aid system applied by the Maltese Courts and the absence of legal assistance at interrogation stage.

Dr Franco Debono signed Cassar's Constitutional Application.

Speaking to MaltaToday, Debono said that Malta is the only country which applies such a restricted list of legal aid lawyers.

"While most countries allow the accused to choose a lawyer who is then paid by the state, others have adopted a system similar to ours but their list of legal aid lawyers runs well over ten lawyers", Debono said.