Court awards man €2,500 in damages over unassisted police interrogation

Daniel Gatt was just 18 years when he was arrested in June 2008 and questioned after two women were caught consuming drugs outside a nightclub

A civil court has awarded €2,500 in damages to a man who was jailed for a drug-related offence on solely on the strength of a statement he released during police interrogation, without his lawyer present.

Daniel Gatt was just 18 years when he was arrested in June 2008 and questioned after two women were caught consuming drugs outside a nightclub near Rabat.

The man's girlfriend, one of the arrested women, had told the police that her boyfriend had supplied the drugs to her.

Gatt was also interrogated by the police, admitting to having purchased one gram of cocaine a week earlier to share with his girlfriend.

This statement, which Gatt had released without first being given legal assistance, ultimately led to his conviction and a six-month prison sentence in November 2014.

The man had filed an appeal together with a constitutional application claiming that his fundamental right to a fair trial had been breached. 

In its decision, the First Hall, Civil Court presided by Mr Justice Silvio Meli, upheld Gatt's argument and declared that his fundamental human rights had been violated.

Although the law at the time of the interrogation did not provide for legal assistance during interrogation, a string of judgments since then have consistently held that the practice constituted a breach of fundamental human rights.

The court awarded Gatt €2,500 in compensation.

Lawyers Franco Debono and Amadeus Cachia represented Mr Gatt.