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9 News maltatoday, WEDNESDAY, 11 DECEMBER 2013 Man charged with court bomb hoax files constitutional application A man charged with five bomb threats at the law courts files constitutional application after a magistrate upheld the prosecution's request for the accused to sit for a voice comparison test. CHRIS MANGION RICHARD Cuschieri, the man charged with multiple bomb threats at the law courts, has filed a constitutional application calling on the court to turn down a request from the prosecution for a voice comparison test as this would incriminate the accused. On 26 June 2012, the 40-year- old contractor from Hamrun was charged with calling the police about a bomb at the Law Courts on March 16 and 26, April 19, May 31 and June 18, last year, when he was due to appear in court over a fraud case. The prosecution explained that sophisticated mobile location devices were used as part of the investigations into frequent bomb hoaxes at the law courts. As a result the calls were traced to Cuschieri's mobile phone and to a number of telephone booths. Magistrate Carol Peralta refused bail due to the regularity of the offences which disrupted the regular functioning of the law courts and wasted time. When the compilation of evidence started being heard by Magistrate Saviour Demicoli, prosecuting inspector Daniel Zammit requested a voice comparison test. Asylum seeker jailed for injuring officer STANDING in the dock, sporting a t-shirt claiming that 'the worse day of his life was when he gave up smoking, drinking and sex', Sudanese national Mukthar Abdi Eidid, 22, was imprisoned for seven months after pleading guilty to slightly injuring a plain-clothes police officer. Prosecuting inspector Sarah Magro explained how plain-clothes officers intervened to stop an argument between a group of Somali migrants near the Hal Far Open Centre. The accused, a resident at the Open Centre, claimed the officer had stolen his mobile phone, however this was not found in the officer's possession. Another argument ensued over the missing phone. During the commotion the accused hit the officer with the door of an unmarked police car, causing him slight injuries. The inspector claimed that this was the third time that the accused was arraigned over similar charges, mostly deriving from his alcohol problem. Eidid pleaded guilty to injuring the officer and admitted his claim the police stole his phone was false as he had left the phone with a friend of his. Magistrate Carol Peralta said the accused is not a first time offender and his repetitive offences leaves the court with no alternative than to impose and effective jail term. "I cannot forgive a relapser brought to court for the third time. While understanding the reason you came to Malta, you have to realise you are guests of the country and its people and are obliged to abide by the laws of the country hosting you. It is time you learnt your lesson," the Magistrate said. Sudanese national Eidid was imprisoned for seven months. Man convicted following road rampage WAYNE Joseph Camilleri, 24, of Naxxar, was handed an 18-month jail term suspended for three years after being found guilty of stealing a Toyota vehicle and disobeying police orders. He was also charged with damaging three vehicles, slightly injuring Joseph Agius and breaching public peace and good order Mary Pulo, owner of the Toyota explained how she was in her house in Santa Venera when she heard a loud noise and went out to see what happened. "I saw my car on the opposite side of the road from where I parked it. The car had stopped against the pavement and had the door open. The accused was next to the vehicle. The following morning I found the accused's bank cards inside my Toyota," she said. Another witness, Joseph Agius said he was driving along Carini Street, St Venera, when the accused tried to stop him. "He stood in front of my car and when I tried to drive away he got into my vehicle and started hitting me. While on the passenger's seat he started kicking around, trashing the car's interior," the witness explained. Taking the witness stand, two police officers explained how the accused was apprehended in Santa Venera in the evening of 7 August 2011. He was shouting and causing mayhem in the middle of the street. When Camilleri realised the police spotted him, he started kicking and jumping on the bonnet of a parked Ford Fusion. Officers ordered him to desist from damaging the vehicle, but he snapped a wiper and hit one of the policemen. "He challenged the officers, telling us he did not fear the police and we could try and arrest him any time we wanted," PS Raymond Ambrogio said. The officers handcuffed the accused but he still retaliated and only calmed down after pepper spray was used on him. Witnessing in his own case, Camilleri recounted he went to the San Gwann Bocci Club for a disco party celebrating the San Gwann feast. There he shared a few drink together with his friends Chris and Terry Micallef. However he could not recall anything else as he blacked out. When he returned to his senses, the accused realised he was in a police station and had to be taken to hospital as his legs were swollen. Magistrate Neville Camilleri found Camilleri guilty of all charges. The accused was handed an 18-month jail term suspended for three years and fined €4,068 to pay for damages caused to the two vehicles. He was also ordered to pay €234.04 in court related fees. Inspector Robert Vella prosecuted while lawyers Veronique Dalli and Dean Hili appeared for the accused. Former graduate who assaulted university dean appeals judgement FORMER University student Glanville Goodlip, who last week was handed a suspended sentence jail term, filed an appeal from judgement as the punishment handed down by the court would revoke his auditor's warrant Glanville Goodlip, 22, was convicted over charges of assaulting the University of Malta's dean of the Faculty of Science, Prof. Carmelo Sammut, during graduation celebrations on 1 December, 2011. The two came to blows after the youth sounded a fog-horn at the Dean's ears and Sammut threw the horn to the floor. During the scuffle Goodlip hit the Dean with a bottle and continued beating him when the man fell to the floor. A Court of Magistrates handed Goodlip a six-month jail term suspended for two years. In his appeal, the youth held that he had assaulted the Dean after the victim provoked him. While understanding that Prof. Sammut could have been irritated by the cacophony of noise made by the celebrating students, Goodlip said that this did not justify his behaviour. It was alleged that the academic took Goodlip's fog-horn and threw it to the floor, knocked off the youth's sunglasses and scratched his face. When the student went down to look for the sunglasses the Dean pushed him to the floor. It was following this provocation that Goodlip reacted. "The Dean should not have reacted in this way, especially considering the students had been waiting for their graduation for five years," the appeal read. Goodlip also submitted that the court should have treated the convicted youth as a first-time offender and applied a probation order or a conditional discharge, rather than a prison term and a fine. The punishment mitigated by the Court of Magistrates would lead to Goodlip losing his warrant to work as an auditor, which he earned after graduating from university. The youth's defence lawyers called on the Court of Appeal to revoke the judgement of the previous court and acquit Goodlip. Should the court however uphold the judgement, the defence said it would call for a change in punishment which will reflect the accused's clean police record and safeguard his future. Lawyers Veronique Dalli and Dean Hili signed the appeal. The officer called on the court to order the accused to read the transcript of the phone calls received by the police, so a voice comparison test is carried out. Cuschieri's defence objected to the request, arguing the court could not order a test that automatically incriminates the accused during a compilation of evidence. However Magistrate Saviour Demicoli rejected the argument of the defence. After the Court upheld the prosecution's call for a voice comparison test, the accused filed a Constitutional Application saying the test breaches the accused's fundamental rights for a fair trial and revokes the request for the voice comparison test. Lawyers Veronique Dalli and Dean Hili signed the constitutional application. Magistrate rejects call for voice comparison tests COURT turns down a prosecution's request for the taking of voice electronic samples of two men accused of attempting to bribe a football player, saying it can never order a test which incriminates the accused. Magistrate Carol Peralta turned down a request by prosecuting officers for the taking of voice electronic samples of Chris Brincat and Ronnie Mackay, who stand accused of attempting to bribe a football player in 2012. Brincat, 27 of Floriana and Mackay, 31 of Marsa, stand accused of attempting to bribe Naxxar player Sunday Eboh prior to a First Division game against Gzira in September 2012. During the compilation of evidence, the prosecution claimed the Nigerian footballer had received a phone call from Brincat's brother Germaine, asking him to meet before the game. Eboh went for the meeting and found Ronnie Mackay and former Futsal player Chris Brincat waiting for him. While the two men are accused of having attempted to bribe him, Eboh refused and informed the Malta Football Association of the incident. The MFA reported the allegation to the police, and suspended Brincat for life from professional football. In a previous sitting, Eboh said he had recorded his phone conversation and the recording was given to the police. Prosecuting Inspector Melvin Camilleri asked the court to order the accused to give electronic samples of their voice, to be used in voice comparison tests with the phone recording the police have. However, defence lawyers Franco Debono and Veronique Dalli strongly objected to the request stating that it would breach the accused's right to silence. While the law contemplates the instances where a court can order the taking of samples like DNA and fingerprints, the law does not discuss the taking of voice samples. "The accused has a right to silence from the minute he is arrested until the sentence is delivered. If he utters 'no comment' he would also have breached his own right to stay silent," the defence lawyer argued. In yesterday's sitting, Magistrate Carol Peralta rejected the prosecution's request and upheld the arguments of the defence saying the court can never entertain a request by the prosecution that would lead to the accused incriminating themselves. Dr Veronique Dalli and Dr Dean Hili are appearing for Chris Brincat, while Dr Franco Debono is appearing for AFM soldier Ronnie Mackay, who also faces charges of relapsing and committing a crime he was duty bound to prevent. NOTICE OF MEETING TO BE HELD IN PUBLIC The Malta Environment & Planning Authority will meet on Thursday 12th December, 2013 at 14:00 hours at the MEPA boardroom, St. Francis Ravelin, Floriana, to discuss the following: DETERMINATION OF PLANNING CONTROL APPLICATION: PC 0026/13: Site at, Il-Wilga, New Street Off Triq IlVizitazzjoni, Gharb, Gozo Minor changes in street alignment to reflect existing buildings The Meeting will be held at MEPA boardroom, St. Francis Ravelin, Floriana. Subject to the maximum seating capacity, seats can be reserved on request for the applicant and registered objectors. Remaining seating is filled on a first come first served basis. RESERVATIONS: 2290 2018 6th November, 2013 www.mepa.org.mt

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