The First Hall of the Civil Court yesterday ruled that a delay of over five years in the conclusion of criminal proceedings constituted a violation of the right to a fair trial within a reasonable time.

Mr Justice Tonio Mallia delivered this judgment in the constitutional application filed by David Marinelli against the Attorney General and the Commissioner of Police.

Mr Marinelli told the court that, in his capacity as managing director of Portman Consultants International Ltd, he had been arraigned before the Magistrates' Court in June 2002 on charges of violation of the Money Laundering Act.

The proceedings before the Magistrates' Court were concluded in May 2007, when Mr Marinelli was acquitted of all charges. The prosecution appealed and, in September 2007, the Court of Criminal Appeal had overturned the first court's judgment and had found Mr Marinelli guilty and fined him Lm50.

Mr Marinelli told the First Hall of the Civil Court that he had been subjected to criminal proceedings for a period of over five years, which was unreasonably long. He added that no evidence had been brought against him and that his guilt had been established by the Court of Criminal Appeal on an application of the presumption of guilt as opposed to innocence.

He asked the court to grant him compensation.

Mr Justice Tonio Mallia declared that the Constitutional Court had already pronounced itself and had ruled that a presumption of guilt or a reversal of the onus of proof was not in itself a violation of human rights. Mr Marinelli was not alleging that the Money Laundering Act of itself deprived him of a fair hearing but that the Court of Criminal Appeal had excluded good faith on his part.

Mr Justice Mallia disagreed with Mr Marinelli's submission on this issue. The Court of Criminal Appeal, after hearing all the evidence against Mr Marinelli, had ruled that there was not enough evidence to prove that Mr Marinelli had acted in good faith.

On the other hand, the First Hall of the Civil Court ruled in Mr Marinelli's favour and concluded that a period of over five years for the conclusion of the criminal proceedings against him was unreasonable in the circumstances.

The court awarded Mr Marinelli €465 as compensation.