Court gives Security Service one week to exhibit George Degiorgio phone tap warrant

The Constitutional Court has given the head of the Malta Security Service one week to exhibit the warrant under which George Degiorgio’s phone was tapped, five years ago.

George Degiorgio, and his brother Alfred are indicted for the 2017 murder of Daphne Caruana Galizia. In separate proceedings, filed last October, the brothers are requesting the cancellation of criminal proceedings against them, claiming that the case was based on evidence which had been obtained illegally.

The Malta Security Service (MSS) may carry out phone taps after obtaining a warrant signed by the Minister for Home Affairs.

In a decision handed down last year, the First Hall, Civil Court in its Constitutional jurisdiction had awarded George Degiorgio €10,000 for a breach to his right to privacy and family life, after it emerged that he had been the subject of phone taps made on the strength of an expired warrant issued in February 2017. 

MSS had filed an appeal to that judgement, before the Constitutional Court.

In a decree handed down yesterday, by Chief Justice Mark Chetcuti, Mr Justice Giannino Caruana Demajo and Mr Justice Anthony Ellul, the Constitutional Court ruled it was essential that it see the warrant in question before handing down judgement.

The judges noted the head of MSS had told the first court that the law prohibited him from exhibiting the warrant, leading that court to reject Degiorgio’s request for the presentation of the document.

However, during the hearing of the appeal, the MSS chief had changed his position, stating that he would comply with a court order to exhibit the warrant.

As the claims of the parties hinge on the contents of the document in question, the court ordered the MSS to exhibit the warrant, together with any renewals or changes made to it, within seven days.

The court specified that the document is to be filed in a sealed envelope and made accessible only to the parties and their lawyers and that no copies were to be made.