Contractor Bastjan Dalli has won nearly €28,000 in compensation after a court ruled that a freezing order on all his assets and a drug trafficking case that has been pending since 2009 were breaching his fundamental rights.

Dalli, former European commissioner John Dalli’s brother, filed a constitutional case claiming that, despite being arraigned almost 13 years ago, his case was stuck in the compilation of evidence stage even though more than 120 sittings had been held.

He also argued that the freezing order had left him unable to have a simple bank account in his name.

“My life simply came to an end. I couldn’t work because the banks shut down everything for me. I couldn’t pay social security contributions and I don’t even have a pension. My life has been destroyed and I depend on my siblings to live,” he told the court.

Mr Justice Toni Abela upheld his arguments, observing that the pending criminal case was “a textbook case of the bad administration of justice”.

The court heard how Dalli had been arrested in 2009 after more than 300 phone calls he allegedly made to partners in crime were intercepted by the security service.

Dalli and another four men - Rupert Busuttil, Carmelo Borg, Marvin Debono and Paul Azzopardi - had been charged with conspiracy to traffic in drugs brought ashore on December 17, 2018, from a yacht, the Jolly Roger, anchored off Mtaħleb.

My life simply came to an end. I couldn’t work because the banks shut down everything for me. I couldn’t pay social security contributions and I don’t even have a pension. My life has been destroyed and I depend on my siblings to live

Dalli was picked up by the police the day after. He was granted police bail while investigations continued but he breached the conditions by flying to Libya. On his return, he was arrested and arraigned.

Mr Justice Abela noted that 123 sittings had been held before the Magistrate’s Court but the case was still at the compilation of evidence stage, with the prosecution not having yet rested its case and the attorney general’s office requesting more evidence and more witnesses to testify.

“In the view of this court, the manner in which the proceedings were conducted in this case is a textbook case on how the maladministration of justice affects the life of an individual,” Mr Justice Abela said.

He said he was “shocked” the case has not yet been concluded.

On the freezing of assets, Mr Justice Abela noted that Dalli had no way to challenge the decision in court. Although the law has been changed since, the legislator “forgot” to apply it retroactively so that people like Dalli could benefit from the change in the law, the judge noted.

He therefore ruled that the freezing order, particularly his inability to challenge it, was in breach of his fundamental right to enjoy his property.

Moreover, his criminal case, pending for almost 13 years, was breaching his right to a fair trial within a reasonable time. He ordered the attorney general to pay Dalli €27,952 by way of compensation and nullified the freezing order imposed on Dalli.

Lawyers Arthur Azzopardi and Jacob Magri represented Dalli.