Freezing order in ongoing drug trafficking case revoked after 17 years

A judge has revoked a freezing order issued over the assets of a man accused of trafficking heroin, 17-years-ago and awarded him damages after finding a breach of his fundamental rights.

This emerges from a decision handed down yesterday by Mr. Justice Grazio Mercieca, presiding the First Hall of the Civil Court in its Constitutional jurisdiction, in the case filed by Joseph Lebrun against the Attorney General and the State Advocate.

Lebrun is currently awaiting trial in which he is accused of having imported and trafficked 7kg of heroin in 2005. A freezing order over all of his assets was imposed in connection with those proceedings, which are currently at preliminary plea stage.

His lawyers, Franco Debono Jose Herrera and David Camilleri, had insisted that the freezing order was a draconian measure as he was left unable to operate his bank accounts at a stage when he is still presumed innocent, causing serious problems with his employer and preventing him from honouring his financial commitments.

Mr. Justice Grazio Merceica upheld all but one of Lebrun’s requests, declaring that his right to peaceful enjoyment of his possessions had been breached.

The judge declared the freezing order imposed on Lebrun to be null and revoked it, and awarded him €15,000 in damages to be paid in equal portions by the State Advocate and Attorney General.