Fuel trader Gordon Debono, his wife, Yvette and a number of companies have lost a bid to suspend criminal proceedings against them, including the seizing of their assets, until their claim related to breaches of their human rights is decided.
Mr Justice Neville Camilleri turned down the request to suspend the proceedings, ruling that the Debonos had not satisfied the requisites for the court to issue an interim measure until their claims are decided by the constitutional court.
Interim measures are only issued in instances where the applicants do not have other ordinary measures to resort to- Mr Justice Neville Camilleri
The pair stand charged with laundering millions of euros after a crackdown on smuggling.
The companies that are also in the dock are: Hi-Low Properties Limited, Petroplus Limited, KB Investments Limited, KB Lines Limited, Seabrass Limited, Petrobunkers Limited, Oil and Ship Limited, Gorge Limited, S-Cape Yacht Charter Limited, S-Cape Limited, Yves Limited, La Cucina Limited, The Business Centre Limited, Eleven Eighty Eight Limited, Inovest Limited, Malta Directories Limited, Mr Handyman Limited and Motor Cycle Art Limited.
The case was heard before the First Hall of the Civil Court in its constitutional jurisdiction.
The plaintiffs argued that the court ought to suspend proceedings to prevent irreparable damage where there is a breach of fundamental rights.
'Violation of right to personal freedom'
They complained that the investigation, the criminal proceedings, the bail decree and the freezing of their assets all lead to a violation of their right to personal freedom, the right to the peaceful enjoyment of their possessions, the right to freedom of movement and the right to a fair hearing.
They further claimed that they were not given access to the evidence the prosecution had against them, in breach of their rights.
Mr Justice Camilleri observed that interim measures are only issued in instances where the applicants do not have other ordinary measures to resort to. He noted that the criminal proceedings were still at the compilation of evidence stage.
Regarding the decrees related to bail and the freezing of assets, the judge noted that the applicants enjoyed freedom, even if under certain conditions, and they could also use their assets, albeit limitedly. By law, they can use up to almost €14,000 a year.
The judge observed that in order to be granted a provisional measure, one could not base one’s claims on hypothetical circumstances.
He, therefore, turned down the request and ordered the continuation of criminal proceedings against the Debonos and the companies.