Lawyer challenges impartiality of courts in Constitutional referral

In a constitutional referral, lawyer Franco Debono has claimed that the right to a fair hearing is impinged when the court serves as both a court of inquiry and an adjudicator.

The referral was filed in the case of Sandra Spagnol, who is accused of having smuggled drugs into prison.  A Court of Magistrates is hearing her case while a magisterial inquiry by another magistrate was already carried out prior to the hearings. Dr Debono said that the swapping of magisterial hats between investigator and adjudicator violated the Constitution and the European Convention of Human Rights.

The Magistrates' Court accepted the request for Debono's constitutional referral.