Court dismisses Liam Debono's claim that right to a fair hearing was breached

The Constitutional Court has rejected a claim by Liam Debono, who said his right to a fair hearing had been breached after no preliminary pleas were raised before the Criminal Court by his then lawyer.

Debono had hit the headlines in 2018, when, as a 17-year-old, he mowed down traffic policeman Simon Schembri while driving a silver Mercedes in Luqa.

The officer was dragged for several metres and suffered widespread friction burns across his chest. His hand had to be amputated above the wrist.

The underage driver was subsequently charged with attempted murder and a raft of other charges related to that incident.

Debono filed constitutional proceedings before the First Hall of the Civil Court in its constitutional jurisdiction, claiming he was denied his right to raise preliminary pleas. Therefore, his right to a fair hearing had been breached. He also complained that he did not have access to a lawyer and was disregarded completely.

The proceedings were filed against the Police Commissioner, Attorney General, State Advocate and the Legal Aid Malta Agency.

In April, the First Hall of the Civil Court in its constitutional jurisdiction threw out the claim.

Debono subsequently appealed the decision.

Debono, who is currently awaiting trial, told the court that he received the Bill of Indictment on June 12, 2020, when he was at the Corradino Correctional Facility, and he informed his then lawyer, Dustin Camilleri. At the time, he had agreed with Camilleri that the lawyer would file the preliminary pleas and a list of witnesses within the timeframe laid down by the law.

Eventually, he got to know that Camilleri did not file the document.

Camilleri testified that he had explained the law on the Bill of Indictment and his service and payment. He had instructed Debono to inform him immediately when he is served with the Bill of Indictment.

However, the lawyer spoke to Debono before June 2020 and then saw him again in August of that year. Debono did not speak to him during that period.

When Camilleri saw Debono on August 27, 2020, the lawyer asked him whether he had been served with his Bill of Indictment. Camilleri asked Debono why he had not informed him about it, and Debono reportedly said he was embarrassed because he could not pay up.

By then, the time within which the preliminary pleas had to be presented had elapsed.

Camilleri renounced the brief during the August sitting.

The right to a fair trial guarantees fundamental legal protections, including the right to a lawyer and a defence.

The Constitutional Court observed that on one hand, Debono claimed he informed Camilleri, while on the other, this was contradicted by the lawyer.

From the evidence, it did not emerge that the lawyer had contacted Debono’s family, while Debono did not say whether he tried to contact the lawyer again after being served with the Bill of Indictment.

The court observed that had it been true that Debono had contacted the lawyer, he would have probably tried to contact Camilleri again.

The court said it found it difficult to believe that Debono informed Camilleri, and the lawyer remained passive, especially in the context of the charges on which Debono had been indicted, and that the lawyer had explained the time limits in the case of a bill of indictment.

The Constitutional Court believed Camilleri’s version of events, observing that Debono had brought it on himself after he did nothing when he was served with the Bill of Indictment, contrary to what Camilleri had instructed Debono to do.

“From the evidence brought forward, the court cannot conclude that there was a serious shortcoming in the service provided by the lawyer of the plaintiff. There is no evidence that it was brought to the attention of the authorities that Camilleri was not fulfilling his duties,” the Constitutional Court said.

The court upheld the reasoning of the court of first instance, noting that the plaintiff had not yet gone on trial by jury. It added that a special leave of the court can be sought to present documents and bring witnesses.

The Criminal Court can also order the addition of witnesses or documents that are not included in the documents presented so far.

The appeal was dismissed, and the plaintiff was ordered to pay the court expenses.

The Constitutional Court was composed of Chief Justice Mark Chetcuti, as well as Mr Justice Giannino Caruana Demajo and Mr Justice Anthony Ellul.

Lawyer Nicholas Mifsud assisted Debono while lawyer Julian Farrugia from the State Advocate's Office appeared for the respondents.