Man on drug trafficking charges gets €6,000 compensation
One case, seven witnesses, 55 hearings in eight years, €6,000 compensation
A man who faced charges of drug trafficking, Joseph Lebrun, was awarded €6,000 in damages after the First Hall of the Civil Court decreed that his fundamental rights were breached when his trial took an unreasonably long time.
Furthermore the court ordered that the accused is paid a further €10 daily until the Attorney General issues the proper charges against Lebrun.
In 2005 the man was charged with association to import and traffic heroin and pleaded not guilty.
The man filed a Constitutional plea against the Attorney General after no ground had been seemingly covered in 55 sittings of a compilation of evidence against him. The case kicked off eight years before however in 55 sittings the prosecution only heard seven witnesses.
Mr Justice Anthony Ellul held that the case was not as complex as to need 55 sittings and such a time lapse had been unacceptable. Whilst understanding that the prosecution had a difficult time putting the case together due to the nature of the evidence, this did not mean that the case could be dragged over so many years. The case, which stands mainly on circumstantial evidence, is currently awaiting the Attorney General's decision as to whether the case go to a trial by jury or not.
Lawyers Veronique Dalli, Franco Debono and Marion Camilleri appeared for Joseph Lebrun.
