Attorney General files bills of indictment

Former Chief Justice Noel Arrigo and former judge Patrick Vella are likely to undergo trial separately some time next year, The Times learnt yesterday.

The Attorney General's office has drawn up a separate bill of indictment against the two judges and their lawyers have filed preliminary pleas, legal sources said. Both have opted to have their case decided by a judge rather than face a trial by jury, the sources added.

On August 4 three years ago, the two former judges had been charged with two counts of bribery and with revealing official secrets in connection with a judgment handed down by the Court of Criminal Appeal against drug trafficker Mario Camilleri.

A day before the two had been charged, the Prime Minister of the time, President Eddie Fenech Adami, had given a press conference about the case and on arraignment, the two former judges had filed a case in the First Hall of the Civil Court arguing that comments passed by then Prime Minister Eddie Fenech Adami during a press conference about their case the previous day violated their fundamental human rights.

In December 2002, the Civil Court ruled the declarations made in the press conference given by the Prime Minister could not be considered as statements of guilt and declared that the applicants' fundamental rights had not been breached. The Civil Court directed the Court of Criminal Inquiry to continue the criminal proceedings before it.

The two appealed to the Constitutional Court which, in October 2003, decided that the judges' right to a fair trial had been breached in the course of the press conference given by the Prime Minister on the basis of the violation of the presumption of innocence. The Constitutional Court, however, had concluded that as the judges' fundamental human right to trial by an independent and impartial court had not been violated, there was no reason to halt the criminal proceedings against them.

In January last year, the former judges took their case to the European Court of Human Rights. In their application, they complained that their right to be tried by an impartial and independent tribunal had been breached, their presumption of innocence had not been respected and their case was not redressed in an effective manner.

The European Court unanimously declared the application inadmissible.

Lawyers George Abela and Joe Gigilo are appearing for Dr Arrigo.

Dr Vella's defence team, includes lawyers Tony Abela, Michael Schiriha and José Herrera.