Issue link: https://maltatoday.uberflip.com/i/1363129
maltatoday | SUNDAY • 18 APRIL 2021 15 THERE is a distinction between civil and criminal proceedings when analysing whether the case took a reasonable time because, in criminal proceedings there may be a loss of liberty. This was held in a constitutional judgment delivered by the First Hall of the Civil Courts on 13 April 2021 presided by Madame Justice Anna Felice in Noel Xuereb -v- Avukat Generali u Kummissarju tal-Pulizija. Xuereb filed a constitutional application wherein he explained that he was charged in January 2007 of corruption crimes. He was held under preventive arrest for a few days and was give bail where he had to sign at a police station twice a week. The pros- ecution closed their evidence in February 2012, while the defence was allowed to present its evi- dence in May 2017. The case was finally decided on 1 April 2019, where he was found not guilty of these charges. 12 years had passed and felt that this was a breach of his fundamental human rights as protected by the European Con- vention on Human Rights and the Constitution. The Attorney General and the Commissioner of Police argued that when seeing whether the case took too long, one had to see the complexities of the case. Furthermore, there was no time limit for the Courts to ob- serve. Article 39 of the Constitution reads: "39. (1) Whenever any person is charged with a criminal offence he shall, unless the charge is with- drawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law." This is echoed in Article 6(1) of the European Convention. The Court quoted from a previ- ous judgement Joseph Camilleri -v- Avukat Generali, decided on 27 May 2016 held that the com- plexity of a case should be meas- ured on the notion "what was at stake" for the applicant in a given case. There is no set of given cri- teria for the courts to be guided on what constitutes unfair hear- ing due to delay. Therefore, the courts should take all the fac- tors into consideration. In Der Grune Punkt – Duales System Deutschland -v- Commission, the European Court held: ".... The Court has held in that regard that the list of relevant criteria is not exhaustive and that the assessment of the reasonable- ness of a period does not require a systematic examination of the circumstances of the case in the light of each of them, where the duration of the proceedings ap- pears justified in the light of one of them. Thus, the complexity of the case or the dilatory conduct of the applicant may be deemed to justify a duration which is prima facie too long". The Maltese Court did tackle the meaning of reasonable time in other cases and held that the judge does have a discretion to measure the time it took for a case to be decided. The Court may be of the opinion that a case took too long or else whether it is normal- ly acceptable for a case to take so long. In David Marinelli -v- Avukat Generali decided by the First Hall of the Civil Courts in its constitu- tional jurisdiction decided on 3 July 2008, held that there should be distinction between criminal and civil proceedings, because in the former the freedom of a per- son is an issue. It is important that the criminal proceedings take longer than necessary. In civil cas- es an amount of delay will be ac- ceptable. The Court held that there was breach of Xuereb's fundamental human rights. As to the remedy the court held that a simple decla- ration that there is a breach could be sufficient in certain cases, how- ever, the Court also give compen- sation for such a breach of human rights. Such compensation does not equate as calculated in civil cases. In Raymond Urry et -v- Avukat Generali of 27 February 2015, the Constitutional Court listed a number of factors the court should take into considera- tion. These include the excessive delay, the nature of the criminal proceedings, the uncertainty and frustration caused. The Court saw that Xuereb was employed with MITTS and han- dled large projects. He formed part of the Evaluation Commit- tee of the IT tender of Mater Dei Hospital. When he was arraigned his job was terminated. He fell into a de- pression which affected him not being able to have children. The Court held that he deserved com- pensation since the criminal pro- ceeding was hanging on his head too long and there was too much at stake. The Court then moved to award Xuereb €100,000 in damag- es for breach in his human rights. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Reasonable time in criminal proceedings, is without delay HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnifi- cent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commer- cial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE QAWRA – Calling all developers this is an ideal development opportunity. Presently a 3 bedroomed penthouse with own airspace on the outskirts of Qawra close to Kennedy Grove, not far from the new primary school and main bus routes. Two double bedrooms and 1 single bedroom, two bathrooms, lift, double glazing doors and windows. With the option to build up a further 3 floors. Offers in the region of €310k. Once devel- oped these apartments would be a strate- gic rental investment or resale opportunity. Kindly message owner on 99201846. NO AGENTS. SAN GWANN - Close to all amenities and located in the commercial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan layout on each floor, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor hav- ing a front terrace overlooking the main street and the back balcony with country views. Although the property is currently being used as offices, there is the possibility of converting to two apartments and a pent- house with terrace. The property is being offered freehold. Asking price: €760,000. Call on:79899838. SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bedrooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; dou- ble glazed windows; inverter air condition- ers including solar water heater. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT ACCOUNTS ASSISTANT – this position has become available at a local shipping company. Applicant must have a Diploma in Accounts or A level standard. A very good command of English and communi- cations skills are essential, computer litera- cy is compulsory (proficiency is MS word, excel and outlook), ability to correspond and communicate independently with cli- ents. Work experience in accounts will be an added advantage. Salary commensurate with experience. Interested persons over the age of 23 are to send CV by email to Mazzo@valfreightmalta.com CHETTINAD WAITER - AVM Catering Ltd require a full-time waiter to serve Chettinad speciality dishes and to explain to customers how Chettinad food plays a vital role in Indian cuisine. Minimum 1 year experience in south Indian speciality restaurant is required. Food hygiene certif- icate is also required. You will also be asked to perform general waiter duties. Salary €5 per hour. Call on 99298138 or 21572107 for further information. CONCRETE SHUTTERER - Danzah Limited is looking to employ individuals as Concrete Shutterer. The ideal candidate should be in possession of appropriate qual- ifications or equivalent, in lieu of a mini- mum of 3 years experience as a Concrete Shutterer is a must. The Concrete Shutterer will prepare wooden beans and shuttering for concrete pouring and dismantling. You will also assist the foreman and you must be a team player. Remuneration package starts at €1000 gross monthly. Email a CV on zah- ra28zahra28@gmail.com DOG GROOMER - Philip Fiteni is seek- ing a DOG GROOMER for immediate, full time employment at a new dog groom- ing salon in Zebbug (Malta). The ideal candidate must have a minimum of one year experience working in a similar envi- ronment, together with recognised, formal qualifications. Chosen candidate must be skilled and qualified to work on long and short coat dogs. Duties of the chosen candi- date will include taking bookings from cli- ents, and general shop duties (always under the employer's supervision). Salary offered: €800 per month. Interested candidates are to send their cv to fiteniphilip@gmail.com by not later than 30th April 2021. FACTORY OPERATIVES - Rimus Riley Ltd are recruiting full time factory oper- atives. A number of people are urgently required to work on the Biscuit and Snack production lines. Applicants must be over 20 years old and be able to read instructions in English. Gross wage €795 per month. Please send your CV to: adminrrl@rimus. com.mt FULL-TIME TILER/ TILE LAYER – we require the services of a Full-Time Tiler/ Tile Layer. Main roles and responsibilities include but not limited to covering of floor areas with a variety of tile materials; and the setting and constructing of tiles to walls, floors and other surfaces; assembling of tiles or other materials and laying of the same on floors/walls according to design and speci- fications; preparation of wall areas for cov- ering with tiles or other materials for dec- orative purposes, and for other purposes; and floor repairing where necessary. Salary ranges from €967.50 to €1,200 per month. Experience of not less than seven (7) years in the industry is a must. Contact Julian Tanti on 77279736 GYPSUM INSTALLER - required full time to work 6 days a week on a minimum wage. Experience required, must speak fluent eng- lish. Interested? Call Danijel 77620902. INDIAN CHEF – Bombay Masala located in Bugibba require a full-time (weekends and public holidays included) chef spe- cializing in chaats and Indian street food, applicant must have a minimum 3 years of experience in Indian chaats and street food. Duties and responsibilities include the preparation of the menu for chats and snacks and to coordinate with head chef. To make recommendations and to intro- duce other chaats to our menu to feel the authenticity for our patrons. €5 euros per hour. Email your CV on: chef_kripal@hot- mail.com KITCHEN HELPER - AVM Catering Ltd we require a kitchen helper on a full-time basis. Location Bugibba. Minimum 1 year experience performing the duties of a kitch- en helper, you must be able to co-ordinate with the chef and waiter during the service. Knowledge of Chettinad cuisine is an asset. Salary €5 per hour. Call on 99298138 or 21572107 for further information. SHIPPING EXECUTIVE - this position has become available at a local shipping compa- ny. The ideal candidate should be proficient in basic mathematics, organised and have good time management skills, good knowl- edge of imports and exports procedures, computer literacy is compulsory (proficien- cy is MS word, excel and outlook) and the ability to correspond and communicate independently with clients. Work experi- ence in the shipping and logistics is a must. You are also required to have a very good command of English and communications skills are essential. Salary commensurate with experience. Interested persons over the age of 23 are to send CV by email to Mazzo@valfreightmalta.com SPA THERAPIST - Required for a boutique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years' experience in a sim- ilar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. VACANCIES - HR Plus requires labourers, cleaners, waiters, kitchen hands, drivers, plasterers, shop assistants, steel fixers, secu- rities and carers. All vacancies are on a full- time basis, job entails being competent and responsible. Lower secondary level of edu- cation is required and availability to work on weekends and public holidays. Interested parties are to apply by sending their CV to email: info@hrplusmalta.com WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and post- ed envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates