The Constitutional Court has ordered the head of the Malta Security Service to present the warrant issued under the minister’s signature five years ago to tap the phone of George Degiorgio.

George Degiorgio, as well as his brother Alfred, are awaiting trial for the murder of Daphne Caruana Galizia in October 2017. The two, in a separate case, are calling for proceedings against them to be cancelled as they stem from what they described as unlawfully obtained evidence.

According to Maltese law, the Malta Security Service is responsible for tapping phones and may only do so after obtaining a warrant signed by the Home Affairs Minister.

In October, the First Hall, Civil Court declared that George Degiorgio’s right to privacy and family life had been breached by a phone tap effected under an expired warrant issued in February 2017.  Degiorgio was awarded €10,000 in damages.

The MSS appealed, arguing that Degiorgio’s rights in terms of the European Convention had not been breached and everything had been done according to law.

The Constitutional Court decreed that before delivering final judgment it was crucial to see the warrant issued by the minister. 

It observed that when testifying before the first court, the MSS chief had said that the law prohibited him from exhibiting the warrant, and the first court had in fact turned down Degiorgio’s request to order the MSS to present that document in the proceedings.

But during the appeal procedures, the MSS chief said that he would present the warrant under court order.

Once the security service chief had testified that the intercepts were made in terms of a lawfully issued warrant in February 2017, he could not subsequently “hide behind” a provision of law not to present it, the court said.

Since the parties’ claims pivoted on that “crucial document” the court ordered the MSS to present the warrant and any renewals or changes thereto, within seven days.

The document is to be filed in a sealed envelope and made accessible only to the parties and their lawyers.

No copies were to be made.

The decree was delivered by Chief Justice Mark Chetcuti, together with Mr Justices Giannino Caruana Demajo and Anthony Ellul