A judge has heavily criticised the abuse of the legal system to unnecessarily lengthen court proceedings.

“This court cannot fail to observe, with great disappointment, how, in recent years, constitutional proceedings have been repeatedly abused indiscriminately to prolonging proceedings in court, particularly the criminal ones, in the hope that, in some way, the accused would eventually slip out of responsibility for their criminal action,” Mr Justice Francesco Depasquale said in his judgment.

“This is a reprehensible practice.”

He was ruling in a constitutional case in which a man found guilty of smuggling alcohol and cigarettes expected to be given back the car that was being used at the time of the offence.

Octogenarian Nicola Busuttil had been found guilty in October 2015 of selling contraband cigarettes and alcohol from his Ford Escort.

More contraband consignments had been seized from his house.

Busuttil was given a two-year suspended jail sentence and was also fined €1,500. His car was confiscated.

He did not appeal but filed civil proceedings for the return of his car. The civil court turned down his request and he took the case to the constitutional court claiming inhumane treatment and disproportionate punishment. 

The constitutional court found that the punishment was in line with the law so no inhuman treatment could be claimed.

Mr Justice Depasquale also said: “It is incredible that a person who committed a crime punishable by imprisonment is now expecting that the ‘weapon’ with which he committed the offence should not have been confiscated.

“It is as if someone found guilty of killing a person with a firearm claims that his rights were infringed when it was confiscated.”

The judge expressed “great regret” that people seemed to be forgetting the obligation to society that everybody abides by and respects the law.

“The greatest fundamental right that every human being has, which is never mentioned because it is obvious, is to presume that everyone is expected to observe and respect the laws of the country,” he said.

“In every democratic country, laws are there to be respected and anyone who violates them must understand that there are consequences. Unfortunately, nowadays, such a basic and fundamental right is being systematically trampled upon and forgotten,” the judge added as he threw out the case.

He also declared the case frivolous and vexatious and ordered Busuttil to pay all costs.