Holmes files for bail on human rights grounds

Daniel Alexander Holmes, the 37-year old British man who used to live in Ghajnsielem, Gozo and was jailed for ten and a half years and fined €23,000 over drug trafficking, has now filed for bail on the grounds that his human rights were violated during the investigation.

In the Constitutional Case, Mr Holmes argued that his human rights were breached on at least four occasions during his case. Holmes had the jail term confirmed on appeal, incensing many who felt the punishment was too harsh. The case goes back to June 2006 when Mr Holmes was caught growing cannabis at an apartment in Gozo, which he always maintained was for his personal use.

The case was filed against the Attorney General, the Commissioner of Police, the Director General of the Gozo Courts and the Registrar of the Criminal Courts.

Holmes is arguing that his fundamental rights were violated when the prosecutor failed to read his report under oath, when the compilation started the second time.

The application says that Holmes was not assisted by his lawyer during the investigation nor was he given access to his police file, since Maltese Law at the time did not include such right.

He also claims that the discretion of the Attorney General to decide whether he is to be tried by the Court of Magistrates or to be tried by a trial by jury also violates his rights. The AG has a role of prosecutor with powers to decide how the accused should be tried and which punishment is applicable.

He also argued that in other cases, people who were convicted of trafficking two kilos of the same drug got a more lenient sentence.

Last year, a Constitutional Court found that such discretionary powers had breached the human rights of a drug trafficker. During the sitting on Tuesday, Dr Debono requested bail and said that an interim measure had to be given pending such a serious case. Mr Justice Anthony Ellul deferred the case for April 16, when most of the witnesses are expected to be heard in one sitting.