Issue link: https://maltatoday.uberflip.com/i/1113313
7 NEWS maltatoday | SUNDAY • 5 MAY 2019 MATTHEW AGIUS BUSINESSMAN Silvio Zam- mit, who was accused of trad- ing in influenceand complicity in the request ofa €60 million bribe from a Swedish tobacco company has accused the At- torney General of ignoring the Constitutional Court and dragging his feet by refusing to declare his evidence closed in the six-year legal saga. In April, after Zammit sought recourse in the Constitutional Court due to the inordinate delay in declaringthe evidence closed, it ordered the crimi- nal proceedings to continue, but the Attorney General had filed an appeal, which was denied. The acts of the case were sent back to the Court of Magistrates to continue being heard, but had to be reassigned to a new magistrate after the presiding magistrate was pro- moted. This led to more delays de- spite the Constitutional Court having ruled that Zammit was suffering a continuing breach of his fundamental right to a fair hearing, argued his lawyers Edward Gatt and Kris Busietta. "After the Constitutional Court's judgment [Zammit] was under the impression that the AG was going to recognise that this situation could not continue and in the absence of Inge Delfosse's testimony, declare that prosecution's evi- dence closed," they argued. But this was not to be. In- stead, Zammit's application reads, the AG continued to drag his feet for months on end, with nothing happening in several sittings. His lawyers pointed out that despite stating that the man's fundamental rights were be- ing breached by the continued delay, the judgment gave no time limit for the closing of the prosecution's evidence. Zammit goes on to say that in February 2019, the AG "dreamt up" another piece of evidence required, despite the passage of over six years from the beginning of the proceed- ings, requesting a voice sam- ple for comparison with a re- cording, allegedly of Zammit talking to Delfosse. A defence request for the expunging of the recording from the acts of the case, on the grounds that Delfosse – who had allegedly made the recording – had not confirmed it on oath, was not upheld. Moreover, when the AG had issued the articles under which Zammit was to be judged, the court did not read them out, despite repeated requests for this. It is only when the articles are read out that the court can transform itself from a court of criminal inquiry to one of criminal judicature. In addition, the articles had been issued on condition that the analysis of the recording is carried out. This caveat had no legal basis, said Zammit's lawyers. "If the AG sends the articles to be read out and the accused has no objection that the case be judged by the Court of Magistrates, those articles must be read out." It was evident, they said, that the AG had "no difficulty in keeping the defendant in a per- petual state where his funda- mental right to a fair hearing is breached," and that it was only a direct order from a constitu- tional court that the prosecu- tion's case can be closed. The court was asked to de- clare Zammit's rights were breached and order the imme- diate closure of the prosecu- tion's evidence. robertmicallef.eu | robertmicallefeu | contact@robertmicallef.eu | +356 9938 1279 The election of 25 May is an opportunity to elect competent MEPs who can work on your behalf to create social and economic opportuni- ties. I choose dialogue over confrontation. ' Robert Micallef MEP Candidate ROBERT MICALLEF Your experienced EU Negotiator ' AG accused of ignoring Constitutional decision in Silvio Zammit case Silvio Zammit