News • January 04 2004

Meinrad Calleja files European Court application ahead of trial

Matthew Vella

Meinrad Calleja, awaiting trial by jury for the attempted homicide of the Prime Minister’s personal assistant Richard Cachia Caruana, has filed a new application to the European Court of Human Rights in Strasbourg, for violation of his fundamental right to a fair hearing by an independent and impartial tribunal. Calleja is due to stand trial by jury next week.
Calleja filed the new application claiming lack of impartiality of the Court as presided by Chief Justice Vincent Degaetano, and lack of impartiality and independence of the Court as violated by prejudicial publicity given to his case.
His application reads that Degaetano, who will preside over his trial for attempted homicide, is the same judge that has already tried him for drug trafficking, in which Calleja was sentenced to 15 years imprisonment.
On 15 May 1996, Calleja was accused of the attempted homicide of Eddie Fenech Adami’s personal assistant Richard Cachia Carauana, along with Ian Farrugia, Carmel ‘iz-Zambi’ Attard and Joseph Fenech, known as Zeppi l-Hafi. Farrugia’s and Attard’s trials were heard and determined whilst Fenech was given a presidential pardon from three criminal offences comprising of theft, drug trafficking and complicity in attempted homicide.
According to Calleja’s legal counsel Prof Ian Refalo, the prosecution is resting its case heavily on establishing a link between the trial for drug trafficking and the trial on Calleja’s charge of complicity in attempted homicide. Due to this, and since Farrugia’s and Attard’s trials have already been determined, the case of the prosecution against the applicant rests heavily on the evidence collected in their trials as heard and decided in the Criminal Court presided by Mr Justice Degaetano.

Calleja is claiming that Degateano has already participated in the proceedings against him by determining several applications for bail and also other applications including that seeking the challenge of the presiding judge. Calleja says Degaetano has already formed an impression not only of the merits of the evidence compiled in the trials of Farrugia and Attard but has also formed an impression of the credibility or otherwise of witnesses already brought before the Criminal Court during their trials.
In view of this, Calleja is contending that the Criminal Court has already heard, evaluated and also formed an opinion on persons who will give evidence in the trial of the applicant. "In doing so, that Court has heard and formed an opinion about evidence that names the applicant and which put blame upon him, and despite this that same Court will now preside the trial of the applicant involving the same evidence, merits and witnesses," Calleja’s application reads.
Calleja has also raised objections due to prejudicial publicity in his regard: "In the light of the serious influence politics has in Malta, where persons believe and follow what political leaders express, considering the importance given and the blind credibility given to reports published in the media run by the political parties, and also in the light of opinions publicly expressed by the Prime Minister and members of the Attorney Generals’ office, then certainly the applicant is legitimately excused for being convinced that jury will be impartial, since his trial has already been made by politicians who also used his proceedings as political propaganda in political debates aired during the general election campaign."