Daniel Holmes, the Welshman jailed for 10-and-a-half years for cultivating cannabis, yesterday requested bail from the judge who will decide if his human rights were breached.

He argued that the consequences were far reaching if it were proven that his rights were breached during police investigations and subsequent proceedings.

In a constitutional application, Mr Holmes, through his lawyer, Franco Debono, argued that his human rights were breached on at least four instances.

The 35-year-old had the jail term confirmed on appeal, incensing many who felt the punishment was too harsh.

The case goes back to June 2006 when Mr Holmes was caught growing cannabis at an apartment in Gozo, which he always maintained was for his personal use.

The constitutional case was filed against the Attorney General, the Commissioner of Police, the Director General of the Gozo Courts and the Registrar of the Criminal Courts.

He was not allowed to consult a lawyer during investigations and was also denied access to the police file

Mr Holmes said he was not allowed to consult a lawyer during investigations and was also denied access to the police file containing investigation records, which the European Court of Human Rights had already ruled were in breach of human rights in another case.

Mr Holmes said he was helped by a legal aid lawyer during the investigations but he still did not receive an adequate defence because he had no choice of lawyer.

The system, he said, worked on a roster basis, so a team of 10 legal aid lawyers would not be given cases according to their specialisation but, rather, whose turn it was.

He also referred to a long-standing issue on the discretionary powers of the Attorney General to decide whether an accused should be tried before a magistrate or a judge, which decision made a big difference in terms of the maximum sentence that could be handed down.

Last year, the Constitutional Court found that such discretionary powers breached the human rights of a drug trafficker.

Dr Debono yesterday requested bail and said that an interim measure had to be given pending such a serious case.

Mr Justice Anthony Ellul, put off the case until April 16, when most of the witnesses are expected to be heard in one sitting.

The case continues.