Assailant 'preferred to admit, than suffer consequences'

The First Hall of the Civil Court yesterday continued hearing the constitutional application filed against the Attorney General by Carmel Attard, who is serving time for the attempted murder of Richard Cachia Caruana.

Attard, known as Iz-Zambi, is claiming that his fundamental human rights to a fair hearing and to freedom against discrimination were violated when his appeal from the prison sentence imposed upon him by the Criminal Court was dismissed.

Mr Justice Noel Cuschieri heard that Attard had admitted, rather than undergo a trial by jury, to the attempted murder of the prime minister's personal assistant but had subsequently changed his version.

In his application Attard had claimed he had preferred to admit to the charges against him and go to prison even though he had been asleep in a car in Mdina when the assault on Cachia Caruana took place. He added that he had never stabbed Cachia Caruana.

Attard had changed his mind about his admission after Nicholas Jensen had testified in the trial by jury of co-accused Ian Farrugia. Jensen had told the Criminal Court it could have been Joseph Fenech, Il-Hafi, who had stabbed the prime minister's personal secretary.

When this testimony was given, Attard had already admitted to the attempted murder and was serving his prison sentence of 14 years.

However, the Attorney General pleaded there was no violation of Attard's human rights and that it was inconceivable how the admission of a person to criminal charges could depend upon testimony given by other persons.

Joseph Mifsud, Attard's defence counsel, took the witness stand. He told the court he had assisted Attard in his appeal from the prison sentence meted out and that Attard had wanted to appeal when Farrugia was acquitted. However, Attard's appeal was dismissed.

Attard had claimed that this constituted an injustice but Mifsud testified that the case was legally difficult to win as Attard had admitted to the charges against him.

When asked by Mifsud as to why he had admitted, Attard had replied it was preferable to go to prison rather than to suffer the consequences. According to Attard there were powerful persons in Malta and he felt he was up against a brick wall.

The case continues.

Chris Soler and Chris Cardona were counsel to Attard. Peter Grech was counsel to the Attorney General.