A suspect drug trafficker has successfully challenged the Attorney General’s decision to issue a joint bill of indictment against her and her partner, thereby giving rise to a “likely” breach of rights.
Priscilla Cassar filed constitutional proceedings last year while awaiting trial alongside the man with whom she had been arrested in an operation by the Drug Squad back in 2012.
Acting upon information about suspect drug couriers travelling to Malta from various destinations in Spain, investigators zeroed in on the suspect drug trafficking ring, arresting Cassar and her partner, Angelo Bilocca, at their Siġġiewi farm.
Criminal proceedings against the couple kicked off and a joint bill of indictment was issued in 2015.
Cassar sought to challenge this decision before the criminal courts, arguing that Bilocca would not be admitted as a witness in her own defence until proceedings against him were definitively concluded.
Given the joint nature of the proceedings, she would effectively be denied “an essential and crucial” witness, Cassar’s lawyers argued.
That argument was shot down before the criminal courts, prompting recourse to the First Hall, Civil Court in its constitutional jurisdiction, claiming that such a situation posed a potential breach of Cassar’s right to a fair hearing.
When delivering judgment on Friday, Mr Justice Lawrence Mintoff made reference to a constant line of case law upholding claims of a future breach of rights.
The criminal courts had stated that the issue was to be resolved at the trial by jury.
But allowing proceedings to continue jointly, or wait for the trial to kick off, “might be too late”, said the judge, noting further that, in this case, the charges faced by Cassar carried a “substantial” jail term, even possible life imprisonment.
Therefore, it was most urgent to safeguard the accused’s fundamental rights, allowing her to produce all witnesses who could shed light upon the facts of the case so as to ensure that justice is done and is seen to be done.
Such witnesses included her partner Bilocca who was willing to testify in Cassar’s defence once proceedings in his regard are concluded.
In light of the principle of equality of arms, a “sense of justice must prevail throughout the entire criminal process, even before the actual proceedings commenced”, said the court.
There was no particular reason why the AG had issued a joint bill of indictment, observed Judge Mintoff, and separating the two would not prejudice the prosecution’s case.
“There are sufficient legal and procedural safeguards in the judicial system to ensure that this does not happen,” including the right to cross-examine witnesses.”
In this particular case, the AG’s discretion created a risk that Cassar would be deprived of adequate defence and a just process, said the court, concluding that the AG was to ensure that this did not happen.
The court also ordered a copy of the final judgment to be handed to the Speaker in Parliament.
Lawyers Giannella De Marco and Stephen Tonna Lowell assisted the applicant.