Updated | PAC to discuss way forward after Sammut files constitutional case
Frank Sammut’s lawyer officially informs public accounts committee of constitutional case • MPs to discuss way forward.
Members of the Public Accounts Committee will be meeting to discuss the next step after Frank Sammut, charged with corruption in the Enemalta fuel scandal, filed a constitutional court application claiming a breach of his right to a fair hearing.
Pending further notice by the PAC, Sammut will not testify for now. Members meanwhile will be deciding whether to uphold Sammut's request or not.
Doing the talking, Sammut's lawyer Joe Giglio said he was asking the PAC to wait for the judgement of the Constitutional Court before deciding on its way forward.
"When facing criminal procedures, an individual has a right to remain silent and a right to a fair hearing as laid down in the Constitution and the Criminal Code," Giglio said.
"My client has a right to a fair hearing and the right to remain silent. This is what we are asking for."
Sammut's lawyer was protesting against a ruling given by the Speaker in which he ruled that a witness could choose not to answer questions that might incriminate him. In case of questions where parties disagreed on whether they was incriminating or not, the Speaker said they could be passed on to him for a ruling.
According to Giglio, such a ruling went against his client's right to remain silent.
19:10 Pending further notice, Sammut will not testify before the PAC for now. The session has been adjourned to 12 March.
Tancred Tabone and Tony Cassar will be asked to appear during the next session.
19:02 Giglio argues that a person has a right to remain silent, and a right to a fair hearing, as laid down in the Constitution and the Criminal Code.
The Speaker had ruled that a witness can choose not to answer questions that might incriminate him. When disagreements arise whether a question could be incriminating or not, the Speaker said he would rule on it.
"This is what we are contesting. My client has a right to a fair hearing and the right to remain silent," he said.
18:56 Petrochemist Frank Sammut, accompanied by his lawyer Joe Giglio, appear before the PAC.
Sammut's lawyer has presented the members with a copy of the judicial protest filed before the Constitutional Court.
He suggests that before Sammut testifies before the PAC, members should wait for the direction to be given by the court.
18:38 Good evening and welcome to MaltaToday's live-blog of the Public Accounts Committee. The session is set to start soon and the first minutes of the meeting will be in camera.
This morning, Frank Sammut's lawyer Joe Giglio filed a judicial protest against the Speaker's ruling.
Frank Sammut, charged with corruption in the Enemalta fuel scandal, has filed a constitutional court application claiming a breach of his right to a fair hearing after being summoned to the Public Accounts Committee.
Sammut is saying the Speaker's ruling is a breach of his right to a fair hearing, since he already stands accused in a court of law.