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Landmark constitutional judgement on bail gives accused right to appeal
Constitutional Court gives government, parliament three months to ‘change bail laws’ in case lodged by Nationalist MP Franco Debono for client facing drug trafficking charges.
20 April 2012, 12:00am
Karl Stagno-Navarra
Karl Stagno-Navarra
1 min read
Judge Tonio Mallia delivered a landmark judgement that gives the accused in court a right to appeal the refusal of bail.
Constitutional Court calls on government, lawmakers to amend bail law within three months.
A landmark judgment handed down this morning by Judge Tonio Mallia who presided over the Constitutional Court, has ruled that government and Parliament must amend the laws regulating bail, giving the accused the right to appeal the court's refusal for bail.
Mr Justice Tonio Mallia ordered that his judgement be sent to the Clerk of the House of Representatives, for lawmakers to take note of the current situation regarding the right of bail.
The judgment was handed in a case filed by lawyer and Nationalist MP Franco Debono for his client Conrad Axisa of Ghaxaq, who was denied the right to appeal against his denial of bail.
Debono argued against the unconstitutional right held by the Attorney General as the only authority who could appeal against a decision for bail, and not the accused.
Axisa is facing charges related to drug trafficking.
The case defended by Debono was raised by the MP while criticising then justice and home affairs minister Carm Mifsud Bonnici on a series of urgent reforms within the justice system.
During one of the debates, a vociferous Debono had urged Mifsud Bonnici to "wake up from his slumber."
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possibbli din l-ingustizzja hadd ma tkellem fuqha qabel? ingustizzja ohra hija li l-avukat generali jappella minn sentenza, forsi minhabba l-media, fejn akkuzat/i idumu s-snin akkuzati u meta johorgu innocenti l-ag jappella u ghat-tieni darba liberati u ma jinghatawx kunpens. immagina int cittadin li qed taqra titressaq il-qorti forsi fuq allegazzjoni, tmur il-habs arrest preventiv, thallas hafna flus f'avukati tohrog liberat, jappella l-ag u terga tohrog liberat u wara ma tiehu xejn lura. dan sewwa? basta nghidu li ahna demokratici!
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possibbli din l-ingustizzja hadd ma tkellem fuqha qabel? ingustizzja ohra hija li l-avukat generali jappella minn sentenza, forsi minhabba l-media, fejn akkuzat/i idumu s-snin akkuzati u meta johorgu innocenti l-ag jappella u ghat-tieni darba liberati u ma jinghatawx kunpens. immagina int cittadin li qed taqra titressaq il-qorti forsi fuq allegazzjoni, tmur il-habs arrest preventiv, thallas hafna flus f'avukati tohrog liberat, jappella l-ag u terga tohrog liberat u wara ma tiehu xejn lura. dan sewwa? basta nghidu li ahna demokratici!
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I wonder how with so many Lawyers in our Parliament they still allow such laws in flagrant violation of the Constitution to remain on the statute book. This is the same with the illegal reserved parking which many have written about and which the Courts bot at first instance and at appeal level have declared to be favouring residents against the rest of the citizens thus discriminating against them in flagrant violation of the constitution and yet the Gonzi Government is so arrogant that it is still enforcing them. This is the arrogant dictatorial Gonzi government that is managing Malta.
