Update 2 | Court rules for indictment of former judge Ray Pace

Former judge Raymond Pace, 54 of Attard, will have to stand trial after a court ruled this afternoon that there was enough prima facie evidence for his case to be sent to the Attorney General to issue a bill of indictment against him.

The ruling was handed down after Magistrate Neville Camilleri considered submissions from the prosecution and Pace's defence.

Magistrate Camilleri meanwhile granted the former judge permission to make use of some of his personal assets that were frozen by the courts, so as to have a minimum standard of living pending the asset freeze.

In his decree Magistrate Camilleri granted Pace permission to cash out €1,164.68 every month, after lawyer Stefano Filletti argued that since his arraignment, Pace had been subjected to a humiliating situation where he had to be supported by his dependants.

'Parte Civile'

Lawyers to convicted drug trafficker Darren Desira, who are leading the appeal against his 18-year-jail term, have turned up as 'parte civile' in the criminal case against Pace.

Ray Pace's case catapulted Desira's judgment straight into the heart of police investigations after it was revealed that the former judge attempted to influence the appeals judgement to increase the convict's prison sentence, on behalf of two men who wanted to "send a message" to Desira and his gang.

Lawyers Giannella de Marco, Stephen Tonna Lowell and Joseph Giglio, appearing for Desira, 37 of Zebbug, filed an appeal last month against an 18-year jail term, handed to him in November by Judge Lawrence Quintano.

Desira said he deserved less harsh of a sentence from the 18 years and €50,000 fine for conspiracy to import two kilogrammes of cocaine.

During a previous sitting, the court heard Superintendent Norbert Ciappara say that under interrogation, Raymond Caruana - who faces separate charges of bribing Pace - had initially denied knowing Pace, but later admitted to having spoken to co-accused Sandro Psaila, 40 of Valletta, and agreed to pressure the Judge over Darren Desira's sentencing.

According to Ciappara, Caruana - 51 of Zebbug - said that Desira owed him €100,000 and wanted to 'teach him a lsesson' for not having paid the debt.

Pace's defence lawyers, Joe Mifsud and Stefano Filletti, contested the presence of Desira's lawyers as 'parte civile' during the proceedings, stating that from the evidence so far presented in court, it does not appear that there actually was an injured third party.

Mifsud objected to the bribery charge levelled by the prosecution against the former judge, and insisted that the crime was never committed by his client.

"Did we ever hear that Pace did something he was duty-bound not to commit? Absolutely not," Mifsud said, adding that the prosecution has not presented any evidence to sustain the charge of bribery. The same was for the charge of criminal conspiracy, trading in influence and money laundering.

The lawyer disagreed with the interpretation that free meals at a restaurant cannot be considered to be a bribe. "While I stress that the prosecution must prove intention, it is not uncommon to be in a circumstance when one goes out to eat and the restaurateur would say "leave it, that's fine..."

He insisted that Pace did not merit an indictment, and stressed that so far his client has been subjected to a trial by media.

Stefano Filletti, said that police have so far not presented Judge Lawrence Quintano as a witness to confirm or deny that he was approached by the accused to impose a higher sentence on Darren Desira.

The prosecution, led by Superintendents Norbert Ciappara and Paul Vassallo called on the court to consider closing evidence on the basis of 'Prima Facie' for a Bill of Indictment to be issued by the Attorney General for Pace to stand trial by jury, said that it was clear from the phone calls intercepted by the security services, that the accused had put himself at the heart of an attempt to influence a criminal judgement.

"The phone calls reveal Pace phone Sandro Psaila, telling him: 'did you hear? 18'," Ciappara said, adding that in other phone calls, Pace and Psaila talk about payments.

The sitting was temporary suspended as Magistrate Neville Camilleri retired to his chambers to deliberate on whether there is enough evidence to indict the former judge.

Mobile phone

Jesmond Micallef, who owns a butcher shop in Fleur De Lys, revealed that he had given a mobile phone to the former judge, and also footed the bills.

Micallef, who explained that Pace and his wife were regular clients at his shop, had agreed to buying Pace the mobile phone after a conversation he had with him about his daughter who was taking law at University.

"The phone was to be used to contact Pace should my daughter need any assistance in matters relating to her legal studies," Micallef said.

While a GO Mobile official confirmed that the cell phone was registered in Micallef's name,  Superintendent Norbert Ciappara told the court that the phone was then used by Pace for his conversations with Sandro Psaila, 40 of Zebbug and Raymond Caruana, 51 of Zebbug, who are separately facing charges of bribing him.

Pace followed the proceedings wearing a pair of dark Ray Ban sunglasses, with his arms folded and head bowed down.

The case was adjourned to February 18.