Request to produce witness upheld

A request made by Carmel Attard -Iz-Zambi - for the production of Ian Farrugia as a witness in constitutional proceedings was yesterday upheld by Mr Justice Noel Cuschieri in the First Hall of the Civil Court.

Attard, who is serving a prison sentence after admitting to complicity in the attempted murder of the prime minister's personal assistant, filed his constitutional application against the Prime Minister and against the Police Commissioner.

He submitted that his prison sentence, confirmed on appeal, was in violation of his fundamental human right to a fair trial as he had claimed that his admission was brought about as a result of fear of third parties.

In a previous sitting, Attard had requested the court to allow him to produce Farrugia (who was co-accused with him in the attempted murder charge) as a witness to testify about Attard's state of mind in the course of the criminal proceedings against the two men.

Counsel to respondents objected on the grounds that the First Hall of the Civil Court could not re-evaluate the facts but could only examine the constitutionality of the proceedings attacked by Attard.

In yesterday's decree the court ruled that it would uphold Attard's request for the production of Farrugia to testify on Attard's state of mind.

The case continues.

Dr Chris Soler and Dr Chris Cardona were counsel to Attard.

Dr Peter Grech was counsel to respondents.