Constitutional application dismissed

A constitutional application filed by a woman against the Attorney General was dismissed after the court found she had other remedies available to her at law.

Angela Busuttil filed her application in 2001 claiming that her fundamental human right to a fair trial had been violated when she was not given the opportunity to present evidence in civil proceedings.

She claimed that in the course of litigation filed against her the First Hall of the Civil Court had instructed the court-appointed architect to file his report on the requests made.

Busuttil had attempted to produce evidence in support of her pleas in the case, but her request had been denied and the architect authorised to file his report.

As a result Busuttil claimed that she was not going to have a fair trial.

The Attorney General replied that the court ought not to hear the constitutional application as Busuttil had other remedies available to her at law.

Mr Justice Noel Cuschieri concluded that Busuttil had acknowledged that she was entitled to submit her complaint to the Court of Appeal which could, if it deemed fit, remit the case back to the Civil Court for evidence to be heard.

When it was clear that an applicant in a constitutional case had other remedies at his disposal, then such remedies had to be utilised.

A constitutional application had to be filed after all ordinary remedies were exhausted.

The court therefore declined to hear Busuttil's constitutional application.