One-day trial set for Rosso family’s case against the state over right to life breach

A constitutional case filed by the wife and daughter of Albert Brian Rosso, who disappeared nearly 20 years ago, is set to be heard during a one-day trial on 29 April 2025.

A court decree issued this week confirmed that proceedings will be held from 9:30am to 5:00pm, with time split between the two sides to present their evidence.

Mary Rose Rosso and her daughter, Desire, are claiming that the state breached the fundamental right to life of Rosso by failing to carry out an effective and timely investigation into his disappearance and presumed murder.

They filed the case against the state advocate, the attorney general, and the police commissioner before the First Hall of the Civil Court in its constitutional jurisdiction. The case will be presided over by Judge Toni Abela.

Albert Brian Rosso, a marine biologist and medical technician, was last seen on 10 October 2005 after leaving work at the San Luċjan Aquaculture Centre. Police later arrested two fishermen, Anthony Bugeja and Piero di Bartolo, who allegedly confessed to killing Rosso and disposing of his body at sea. However, his body was never found.

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The accused were acquitted in June 2023—18 years after Rosso was reported missing—following a jury trial in which the court ruled that their statements to police were inadmissible. The statements, some taken without legal caution or informing the accused of their right to remain silent, had formed a key part of the prosecution’s case.

Shortly after their acquittal, Rosso's family filed judicial proceedings to hold the authorities to account. 

In their constitutional application, the Rosso family argue that the authorities' failure to halt illegal dumping in the area where Rosso’s body was allegedly disposed of severely hampered recovery efforts and contributed to the absence of conclusive evidence in court. They also point to excessive delays, evidentiary lapses, and what they describe as a failure by the state to ensure a fair and thorough investigation.

Their lawyers—Eve Borg Costanzi, Matthew Cutajar, Stefano Filletti and Nicole Galea—also noted that the accused relied on the absence of a death certificate to challenge the murder charge, further complicating the prosecution’s case.

The court has ordered that the respondents be notified of the decree and be given ten days to file their response. The trial will allocate the morning session to the plaintiffs and the afternoon to the defendants, with the court reserving the right to extend proceedings past 5pm if necessary.