Dying prisoner asked to wait another month for decision on release

Christopher Bartolo was sentenced to a five-year prison sentence for trafficking cannabis requires treatment following a failed kidney transplant

(File Photo)
(File Photo)

A prison inmate whose health is failing while waiting for months to be released to receive intensive treatment following a failed kidney transplant, has been told to wait another month for court to decide on his bail request after his sitting was adjourned today.

Christopher Bartolo from Gozo, who is serving a jail sentence for drug trafficking, was escorted to court this morning only to find out that superior Court of Appeal had put off all its sittings for the day because one of the three presiding judges was indisposed.

Bartolo’s lawyer Franco Debono says his last hope for survival is personal intervention by the President and the Justice Minister.

Last April, the 36-year old Fontana man was condemned to a five-year jail term and a €15,000 fine by the criminal court after pleading guilty to having trafficked 1.5kg of cannabis.

Bartolo had requested bail, pending appeal in view of his ill health. The request was rejected by the courts last summer.

His lawyers Franco Debono and Amadeus Cachia had filed Constitutional proceedings claiming that the man’s fundamental right to a fair trial had been breached when he was denied access to a lawyer during police interrogation. This claim was ultimately upheld by Madam Justice Jacqueline Padovani Grima in November.

The judge had declared that Bartolo’s right to a fair hearing had been breached and granted him the chance to change his guilty plea.

However, that remedy could not be used because the Attorney General had filed an appeal against the judgment, which is being heard by the Court of Appeal, presided over by Chief Justice Silvio Camilleri and Mr Justices Giannino Caruana Demajo and Noel Cuschieri.

A parallell attempt at being granted release from arrest - a request to the President of the Republic asking her to grant Bartolo bail by virtue of a specific provision in the Criminal Code, does not appear to have gained traction. No reply to a letter sent to the President on December 13 has been received, say his lawyers, ostensibly because the President was awaiting advice from the Justice Minister and could not act until this has been received.

A doctor appointed by the defence had re-examined Bartolo and certified that the his health has been deteriorating in prison. A copy of this certificate was also delivered to President Coleiro Preca, his lawyers say.

In comments to MaltaToday, Debono said it is now even more important that the President "delivers a long overdue decision regards bail which has been pending for more than two months."

"The Minister’s declarations in yesterday's Times, that he will await court decision, are tantamount to a misunderstanding of his role according to art 574(2), a possible (unintentional) dereliction of duty and exposing the Maltese state to possible liability for damages. The minister and President are duty bound to act. Not deciding amounts to denying a right granted by Law.

"The Minister’s declarations show that he mistakenly thinks he can choose not to decide and he is thinking this for the wrong reasons. He has discretion as to how to decide but no discretion whether to decide or not. The law imposes a responsibility on him to decide. Waiting for the court cases outcome goes contrary to the letter and spirit of the law on bail which is always treated with utmost urgency."