'We want you to decide this case' renal patient's lawyers tell Chief Justice

Lawyers defending a renal patient from Gozo who had been jailed for cannabis trafficking have publicly declared their trust in the Chief Justice, saying they would not be seeking his recusal, despite him also presiding over the appeal from the judgment by the Criminal Court, which had imposed the five-year jail term on the man.

36-year-old Christopher Bartolo of Fontana, Gozo had pleaded guilty and been sentenced to five years of imprisonment together with a fine of €15,000 last April after he admitted to trafficking 1.5kg of cannabis resin to avoid a trial by jury.

Bartolo had immediately filed an appeal against the April judgment and asked for bail, but the latter request was turned down in August.

His lawyers argue that the conditions in which he was being held in jail were going to be detrimental to his health.

After the Court of Criminal Appeal was not receptive to their arguments, the defence team tried another avenue, writing to the President of the Republic asking her to grant Bartolo bail by virtue of a specific provision in the Criminal Code.

The letter was delivered to the President on December 13 together with a medical certificate showing the man’s health was deteriorating, but aside from an acknowledgment, so far there has been no reply, Bartolo’ lawyers say.

Last December, lawyer Franco Debono told the MaltaToday that this stiuation was "a concrete illustration of the abstract problem of having the Attorney General as both public prosecutor and government advisor." Debono, who has long advocated the separation of these duties, pointed out that the Attorney General, who is opposing bail, could not then also advise the President on the same matter.

A constitutional case was filed, in which it is being argued that the man’s fundamental right to a fair trial had been breached, as he had no access to a lawyer during his police interrogation. Madam Justice Jacqueline Padovani Grima upheld this claim.

In her judgment, handed down in November, Madam Padovani Grima had declared that Bartolo’s right to a fair hearing had been breached and by way of remedy had allowed him the chance to change his guilty plea.

However, that remedy could not implemented in practice since the Attorney General had filed an appeal against the judgment, leading to today’s hearing before the Court of Appeal. The court is presided over by Chief Justice Silvio Camilleri, who is also the presiding judge in the appeal from the judgment by the Criminal Court, which had imposed the five-year jail term upon Bartolo.

Defence lawyer Franco Debono this morning informed the Chief Justice that the defence team had decided that it would not be requesting his recusal from this case, even though he was also presiding over the criminal appeal.

“Whilst thanking you for the long years of service to Maltese society at large and after much reflection, we have decided not to ask for your recusal” Debono told the Chief Justice. “We want you to decide this case.”

The appeal proceedings will continue later this month.