Issue link: https://maltatoday.uberflip.com/i/1476751
maltatoday | SUNDAY • 21 AUGUST 2022 15 LAW CLASSIFIEDS AN interim measure should be allowed in very exceptional circumstances, such when the life of an individual is in dan- ger. This was held in judgement delivered by the First Hall of the Civil Court in its Consti- tutional Jurisdiction, presided by Mr Justice Grazio Mercieca on 12 August 2022. The name of the case is Alfred Degiorgio -v- L-Avukat ta' l-Istat. Degiorgio filed an application asking the Court to issue an Ad Interim measure with regard to the bill of indictment Ir-Re- pubblika ta' Malta -v- George Degiorgio et, which is to take place in September 2022. De- giorgio is asking that this case before the Criminal Court be suspended, until the constitu- tional case be definitively de- cided. Mr Justice Mercieca ex- plained that it must distinguish between the application to is- sue an ad interim measure and the case which dealt with the merits of the case. The merits of the case dealt with how the considerable me- dia attention on the case, will affect the trial by jury and more importantly the effect on po- tential jurors. The Court held that in an ad interim applica- tion it must keep within its limits and the outcome should not reflect on the outcome of the merits being investigated by the Court. The Court held that the issue of an ad inter- im measure was dealt with in international fora. In the In- ternational Court in Charles Stewart -v- Canada, the Court held: "The essential criterion is in- deed the irreversibility of the consequences, in the sense of the inability of the author to secure his rights, should there later be a finding of a violation of the Covenant on the merits" The Human Rights Court in Strasbourg have always held that an ad interim measure should be adopted in truly ex- ceptional cases. Examples of these cases are when invoking the right to life or else the right against inhuman and degrad- ing treatment. There are cases where an ad interim measure is used in pro- tecting the right to privacy and family life. The Court gave as an example of a certain Otham who was accused of terrorism in 1998 and was given refugee status in the UK, but was going to be extradited to Jordon. There was a real risk of torture and the Court held that this was a denial of judicial process. The Court delivered an ad interim measure as there was a breach of Article 6 of the Convention for Human Right. The Constitution does not give a list of instances where interim measures are and therefore, the Court does have a discretion how to apply these measures in the best interest of justice. The Court may also regulate the procedure to use. For a provisional remedy to be ap- plied the Court must establish that there is a prima facie case of a violation of one's human rights and there must be ex- ceptional circumstances for it to be applied. The Maltese Courts do follow the position held in the Court of Human Rights in Stras- bourg. The Maltese Court have rejects claims to suspend crim- inal proceedings when a con- stitutional cases are pending. In Rosario Sultana -v- Avukat General decided on 3 Novem- ber 2016, the Court rejected a request to suspend the crim- inal proceedings because the accused was not given the right to speak to a lawyer before be- ing interrogated. The Court pointed out that the accused is presumed inno- cent and it is for the prosecu- tion to prove the guilt of the accused. In this particular case if the accused is found guilty, he would have a right to appeal before the Court of Criminal Appeal and also the Court in its constitutional jurisdiction may give a remedy. The ac- cused may also appeal before the Constitutional Court and the Court in Stransbourg. The Court pointed out that the ac- cused's complaint could have been raised four years ago when the proceedings started. It was predicable that the At- torney General will issue a bill of indictment. The Court also pointed out that the application for an in- terim measure was not raised by the co-accused. Therefore, the co-accused does not want that the criminal proceedings to stop and this is a considera- tion that the Court has to keep in mind. The Court then moved to re- ject the application Interim measures in human rights cases should be applied in exceptional cases LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE 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 apart- ments. 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; double glazed windows; inverter air con- ditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. SITUATIONS VACANT IL-FORN L-ANTIK TA' KARMNI – are seeking the immediate employment on a full-time basis of a bakery manag- er. A salary of €12000 per annum is being offered to the suitable candidate. Interested candidates can send CV by email on: takarmnibakery@gmail.com not late than 31/08/2022. BARTENDER/CASHIER - Asian Palace Catering Ltd has vacancies for a bar- tender & a cashier on a full-time basis to work from Monday to Sunday with one day off. This will include public hol- idays with a wage of €1000 gross month- ly. Please phone 27811888 Email: info@ asianpalacemalta.com CHEF - required for busy hotel res- taurant in Naxxar. Must be fluent in English, be able to work flexible hours including weekends and public holidays. Min 2 years' experience in similar posi- tion. Call +35627988357 for more info - The Village Hotel LTD. ERWAN MASSAGE AND BEAUTY (San Gwann) - is seeking a massage and beauty therapist with at least 10 years' experience on a full-time basis. Must speak English and have qualifica- tion in Cidesco diploma and qualified in Thai traditional medicine society. Salary €1000 to €1700 monthly. For more information kindly contact email: mam200259@gmail.com EXPERIENCED WAITER - required for busy hotel restaurant in Naxxar. Must be fluent in English, be able to work flexi- ble hours including weekends and pub- lic holidays. Min 2 years' experience in similar position. Call +35627988357 for more info - The Village Hotel LTD. JD HOMECARE SERVICES - We have several situations vacant: Cleaners, Housekeepers, Maintenance Personnel, Plasters, Tile Layers, Brick layers, Delivery personnel, Drivers, Electrician and Plumbers. Candidates must have a minimum of 3 years' experience and good command of the english language. Interested parties are to send CV to dcdebono7969@gmail.com or by post to: JD Homecare Services, Bastion Court - Flt 1 Triq il Karmelitani, Fgura. OFFICE ADMINISTRATOR - A++ Consultancy Ltd has vacancy for an office administrator. Applicants must have a minimum of five years' working experience and be fluent in English, French, Italian and Arabic. The job requires travelling on behalf of the com- pany. Monthly rate from €900. Interested applicants may send email to secre- tary@a-plusplus.eu SPA THERAPIST / PHYSIO - required for a busy spa in Naxxar. Full time, flex- ible hours. Fluent in English and min- imum of 2 years' experience in similar position. Interested candidates to call The Village Hotel Ltd +35627988357 VACANCY SALES & TOURISM - Michael Hearn through Supreme power- boat is looking to employ an individual to work in the sales tourism sector sell- ing tours around the island. Only can- didates that can speak English, Italian & Spanish fluently will be considered. If the applicant knows other languages, fluently, this will be considered to be an asset. Interested applicants are kindly asked to send their CV to michaelmal- tasightseeing@hotmail.com. No agents please. CLASSIFIEDS INFO @MEDIATODAY.COM.MT