Court to rule on Daniel Muka's request to halt jury trial

Double murder suspect claims fair trial rights breached, denied lawyer of choice

A court is set to rule on murder suspect Daniel Muka’s request to suspend the trial by jury over the 2020 Sliema double murder.

Muka, 30, is standing trial with Viktor Dragomanski over their alleged involvement in the murder of Christian Pandolfino, 58, and Ivor Maciejowski, 30, who were shot dead at their Sliema house on August 18, 2020. They deny the charges.

On Thursday, the plaintiff’s lawyer explained the timeline of events and how Muka approached him last Thursday and he accepted the brief the next day – three days before Muka went on trial. He also explained that his client’s requests to postpone the trial so that the lawyer can prepare an effective defence had been repeatedly rejected by the Criminal Court.

On Monday, Muka was accompanied by lawyer Mario Mifsud, however the court ordered legal aid lawyer Josette Sultana to remain present in the courtroom and assist Muka. The next day, Mifsud renounced the brief in the trial after the court refused to suspend the jury by a couple of hours.

Muka has been ordered out of the courtroom and to follow the proceedings from a nearby room since he continuously protested that his human rights are being breached as he does not have a lawyer of his own choosing.

On Thursday, Mifsud argued that Muka was concerned that he was at a disadvantage and wanted to be assisted by a lawyer of his own choosing. The lawyer argued that irrespective of what his client had done, he was still entitled to a fair hearing which includes both a strong prosecution and a competent defence.

Muka’s lawyers also highlighted that the legal aid lawyer appointed in the trial was not cross-examining the witnesses.

Lawyers Julian Farrugia and Maurizio Cordina appearing on behalf of the State Advocate’s office countered that the trial had already been appointed for May 2023 and was postponed to October of the same year.

The respondents argued that he repeatedly changed his lawyers, complicating proceedings unnecessarily. They noted that Muka changed his lawyers several times and had two lawyers settle his preliminary pleas. Originally, the trial was scheduled for late May 2023, but his lawyers renounced the brief.

The Criminal Court, then presided over by Mr Justice Aaron Bugeja, appointed legal aid lawyer Simon Micallef Stafrace to assist him and the trial was postponed to October of that same year.

In October 2023, the lawyer informed the Criminal Court about Muka’s objections to be represented by a legal aid lawyer and he was subsequently released from the brief.

When the case was assigned to Madam Justice Natasha Galea Sciberras, she assigned legal aid lawyer Josette Sultana to assist Muka.

The court will rule on the matter from chambers.

Mr Justice Henri Mizzi presided over the First Hall of the Civil Court.

Lawyers Mario Mifsud and Nicholas Mifsud assisted Daniel Muka.

Lawyers Julian Farrugia and Maurizio Cordina appeared on behalf of the State Advocate.

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