Couple claims unfair trial in human trafficking case
Winston Joseph Gera and Zhang Tianxia allege judicial overreach and inadequate translation services
A couple awaiting re-sentencing in a human trafficking case have filed a constitutional challenge, claiming they were denied a fair trial due to judicial overreach and inadequate translation services.
Winston Joseph Gera and his partner Zhang Tianxia were initially arrested following a 2017 investigation into their Maltese massage parlours.
Employees alleged that their passports were confiscated upon arrival from China, that they were forced to work long hours, and that they were compelled to provide sexual services to clients.
In December 2020, Magistrate Donatella Frendo Dimech sentenced the pair to seven years in prison, branding the operation as a form of "refined slavery."
However, the Court of Criminal Appeal subsequently annulled the judgment, ruling that the magistrate failed to comply with legal requirements to explicitly detail the facts and legal provisions behind the conviction.
The case was sent back to be reheard under a different magistrate.
Despite the annulment, the couple’s new constitutional lawsuit targets the original proceedings because the testimony collected during that time remains part of the evidence.
The plaintiffs argue that Magistrate Frendo Dimech abandoned her role as a neutral during a May 2019 sitting.
They allege she subjected Gera to a "barrage" of aggressive, closed questions more typical of a cross-examining prosecutor than a judge.
They further claim that the language used in her 2020 judgment exposed a clear prejudice against them.
The second pillar of their challenge concerns the interpretation services provided to Zhang.
The couple argues the translation fell significantly short of Maltese and European legal standards, leaving Zhang unable to understand the proceedings or effectively assist in her own defence.
Gera, who previously received a suspended sentence for insulting Magistrate Frendo Dimech in Facebook posts, and Zhang, are now asking the constitutional court to wipe the slate clean.
They are seeking an order to strike their past testimonies from the record, demand that the criminal proceedings restart from scratch, and request moral damages from the state.