Accused demands suspension of hearings until Constitutional Court judgement

Eugene Galea this afternoon filed a court application demanding that all cases currently being heard in his regard are put on hold until the Constitutional Court decides if his right to a fair trial has been violated. 

In December 2012, former animal welfare officer Eugene Galea, 54, of Lija, reported that staff at the Animal Welfare were euthanising animals by lethal injection to minimize overcrowding. He also claimed animal welfare officer Godrick Marsden twisted cats’ necks and discarded them along rubble walls.

After the police took no action over the allegations, Galea assaulted parliamentary secretary Roderick Galdes outside the ministerial building in July last year. Police Inspector Sarah Magri arraigned Galea over the assault and filing false police reports. Parliamentary Secretary Roderick Galdes dropped his complaint against Galea and the accused was granted bail.

On 4 November last year, having failed to attend for the court’s sitting, Galea was found in contempt of court, fined @100 and had an arrest warrant issued against him. However his lawyer Dr Victor Bugeja filed an application saying that Galea did not attend court as he was advised by the prosecution that the sitting would not be held. Yet the accused was still found in contempt of court. Dr Bugeja also requested the court to hear new evidence.

As the compilation of evidence continued, and with Galea’s court application still pending, Inspector Sarah Magri demanded that the court revokes Galea’s bail as he breaching his conditions when he communicated with a witness. Having taken over Galea’s case, defence counsel Dr Jason Grima argued that the accused had only spoken to police inspector Ramon Mercieca through Facebook. Without waiting for the court to issue a decree, Inspector Magri re-arrested Galea and arraigned him in front of duty Magistrate Anthony Vella, charging him with breaching bail. The accused was handed a month’s jail term.

Meanwhile the court denied Galea’s request to present new evidence.

In today’s application, the accused’s lawyer informed the court that he would be filing a Constitutional Case in the coming days, claiming Galea’s right to a fair trial was violated. Appearing for the accused, Dr Jason Galea argued, “not only was my client tried twice over the same charge of breaching bail, but had his request to present new evidence denied. This seriously impinges on his right to a fair hearing”.

The court was requested to put on hold all cases relating to Eugene Galea pending a decision by the Constitutional Court.