Appeals court questions implementation of right to legal assistance

Justice Grixti highlighted that the requirements of the right to assistance of a lawyer at the initial stages of police interrogation under EU law can only be subject to restrictions in cases where there were compelling reasons

The court noted that the applicant's right to legal assistance had been violated
The court noted that the applicant's right to legal assistance had been violated

The provisions of Maltese law on the right of a person under arrest to consult with a lawyer are once again in the spotlight after the Court of  Criminal Appeal yesterday overturned a judgement condemning a man, found guilty of trafficking ecstasy, to six months in prison.

Judge Giovanni Grixti found Jason Cortis not guilty of that offence and a separate charge of cocaine possession, but did find him guilty of a third charge concerning possession of ecstasy.

The court noted that the applicant's right to legal assistance had been violated by restrictions on how the right was applied in practice.

Justice Grixti highlighted that the requirements of the right to assistance of a lawyer at the initial stages of police interrogation under EU law can only be subject to restrictions in cases where there were compelling reasons.

While the right to legal assistance before interrogation had been introduced in Maltese law, it was only allowed for one hour. The court said it was debatable as to how much this law reflected the provision of the EU directive on the right to legal assistance.

Cortis was conditionally discharged on the condition that he does not commit another offence within the next year.

The accused was represented by lawyers Franco Debono, Marion Camilleri and Amadeus Cachia.