Updated 12.50pm 

None of the 150 people who complained about Phyllisienne Brincat's comments on disability and original sin were called to the case as witnesses, the Commission for the Rights of Persons with Disabilities (CRPD) said in a reaction to her acquittal.

No person with disability was asked to testify about how her comments made them feel, despite the fact that it would have been crucial to understand whether the singer and TV personality broke the law, the CRPD said in a statement sent to Times of Malta.

"No one of those 150 persons who have complained to the Commissioner of Police that they felt threatened, abused or insulted as provided by the Criminal Code were produced in court to show how they truly felt," the statement said.

"This also includes a person who was present at the studio, who spoke out against what Ms Brincat was alleging."

In a short statement to Times of Malta, Inclusion Minister Julia Farrugia said that she supports the CRPD's statement. 

150 people filed a police complaint

Brincat – an avid Christian believer – linked illnesses with original sin during a panel discussion on TVM’s discussion show Popolin last year.

Activists, politicians and people with disabilities hit out at her, accusing her of being offensive and fomenting hate speech.

She was eventually charged in court after a group of 150 people with disabilities and their relatives filed a formal complaint asking the police to investigate the claims, arguing they were discriminatory and constituted hate speech.

But earlier this month the criminal court cleared her of all charges, saying she never said persons with disabilities are the fruit of sin.

The court ruled she was misinterpreted, was not allowed to explain herself and that her words did not stir up hatred towards people with disabilities.

On the contrary, it was Brincat who became the victim of repugnance over a statement that was attributed to her and which she never said, the court said.

The Prime Minister also weighed in on the issue on Monday, saying the case highlighted the need for legal reforms to avoid more injustices against innocent people.

'Serious doubts'

But in its statement, the CRPD expressed serious concerns with the way the case was handled.

Firstly, it pointed out that the judgment incorrectly identified the CRPD as the sole complainant, when in fact, the police complaint was filed by 150 individuals, one of whom was the disability commissioner.

None of them were called to testify and they were not even informed about the court case, which prevented them from participating as civil parties.

"From the judgment, one can deduce that the only witnesses produced were the prosecutor (a reluctant one) and the Dean of the faculty of theology at the University of Malta, none of whom are disabled hence the alleged victim of a reported alleged crime," the statement said.

"The inadequacy of the way the prosecution was carried out raises serious doubts over its honesty and integrity, to the extent that it may well have been prejudiced beyond what is acceptable."

The CRPD said the complaint also targeted the production team of the programme to which Brincat was invited.

This case, the statement said, was a worrying example of the challenges faced by people with disabilities in accessing justice.

"CRPD is very concerned about the future. How can disabled people seek the protection of the law and have faith in the justice system given the way they were utterly ignored in the prosecution of this case?" it said.