Ignatius Busuttil, a retired grocer, claims he will seek redress from the European Court of Human Rights for having been imprisoned for three days by a Maltese magistrate forrefusing to wear a tie in court.
Busuttil appeared in court in September 1995 on a police citation for having left a 12-foot boat parked outside his Msida residence. Despite winning the case, he was subsequently fined Lm 10 by Magistrate Dennis Montebello for turning up in court without wearing a tie. Busuttil refused to pay the fine, whereupon he was promptly handcuffed, taken to the police lock-up, finger-printed, and locked up in Division Two at the Corradino prison for three days.
“The Court found I had not parked my boat illegally. Then, as I was leaving, Magistrate Montebello pointed out he would be fining me Lm10 for not wearing a tie. I refused, saying my court summons advised to be ‘dressed appropriately’ but not to wear a tie.”
He was sent down to the police lock-up instantly, and spent three days in a cell next to a convicted murderer. “I pleaded to phone home so that I could tell my wife and children what had happened and that I would not be coming home for three days, but I was prohibited from calling home. My fingerprints and photo were taken, and then I was strip-searched,” Busuttil said.
Busuttil filed a court case against the Attorney General, which he lost. The case is currently pending an appeal. “I will be taking my case to the European Court if my appeal is thrown out,” he told MaltaToday.
Having lived in Australia for 22 years, Busuttil said he was not aware of the law courts’ decorum, but his lawyer has insisted that no regulations exist as to the way people appearing in court should be attired.
Busuttil is claiming a breach of his fundamental human rights, given that Magistrate Montebello himself acted as both accuser and judge without affording Busuttil the right to a fair trial.
“I cannot be accused, with the sole witness being the person who is condemning me,” Busuttil said.

mvella@mediatoday.com.mt