Man charged with assault claims human rights violation

Eugene Galea, the man charged with assaulting parliamentary secretary for animal rights Roderick Galdes and filing false police reports alleging past abuse at the Animal Welfare Department, filed a Constitutional application claiming his right to a fair trial was violated and he was subjected to inhumane treatment by the police.

Galea said that while undergoing court proceedings, he was granted bail by Magistrate Claire Stafrace Zammit. However, prosecuting Inspector Sarah Magri filed an application, alleging he had breached bail conditions when he approached one of the witnesses. But the only person Galea had spoken to was investigating Officer Ramon Mercieca.

On 4 November last year, when the court was to hear submissions about the claim of breach of bail, the accused failed to attend court. The court found Galea in contempt of court, fined him €100 and ordered his arrest.

After hearing the submissions about the breach of bail, Magistrate Anthony Vella imprisoned Galea for two months. He appealed judgement but was detained at prison. Galea requested the Court of Appeal to give weight to facts that had previously been unknown and could help his case. His request was turned down.

In jail, Galea spoke to the prison director, alleging that while detained, he was exposed to degrading and inhumane treatment and suffered injuries at the hands of police officers. But the Prison Director failed to investigate the allegations.

Subsequently, the applicant filed a complaint with the Police Commissioner, urging him to retrieve CCTV footage from Mater Dei Hospital showing Galea being manhandled by the officers.

Dr Jason Galea, the lawyer signing the Constitutional application, argued that the abuse Galea suffered at the hands of the police and the refusal by the Court of Appeal to re-hear fresh evidence violated his rights. Moreover, Galea was charged twice with the same charge of breaching bail conditions, violating the rule against double jeopardy.

Eugene Galea called on the Constitutional Court to rule that his right to a fair trial was violated and the torture suffered at the hands of the police breached human rights. He also requested the court to declare extinguished the proceedings in front of the Court of Appeal or order the Court of Appeal to re-hear evidence.

The application was signed by lawyer Jason Grima.