Court rules man must serve 3.5 years over unpaid expert costs despite time already served

The Constitutional Court has rejected a constitutional appeal by Artan Coku, whose unpaid court expert costs were converted into a 3.5-year prison term after his original sentence had already been served.

The Court found that Coku could have used ordinary remedies before resorting to constitutional proceedings.

Coku was arrested in November 2017 in connection with an aggravated theft and spent over five years in preventive custody. Following a plea bargain in October 2022, he was sentenced to four years imprisonment and ordered to pay €14,487.95 in expert costs. At sentencing, Coku had already served more time than the prison term imposed.

Despite this, the Magistrates’ Court converted the unpaid costs into a prison term without notifying Coku or holding a hearing, sending him back to Corradino Correctional Facility in April 2023. Coku challenged this under the Constitution, arguing that the procedure violated his rights to liberty and a fair hearing.

The Civil Court, First Hall (Constitutional Jurisdiction) had earlier dismissed his claim, noting that remedies existed under Maltese law, including filing a revocation request or an urgent application under Article 409A of the Criminal Code to contest unlawful detention.

The Constitutional Court, led by Chief Justice Mark Chetcuti, Judge Giannino Caruana Demajo and Judge Anthony Ellul affirmed that Coku had access to legal avenues capable of addressing his grievances. The appeal was therefore dismissed, and he was ordered to pay the legal costs.