The Malta Independent 26 April 2024, Friday
View E-Paper

Man Takes case to European Court of Human Rights

Malta Independent Saturday, 4 December 2004, 00:00 Last update: about 12 years ago

In his application, defence counsel of Libyan national Ibrahim Ramadan Ghamber Shnishah, Dr Joe Brincat, said he had originally filed an application for Mr Justice Galea Debono to abstain from presiding over his client’s case.

This had been turned down, as Mr Justice Galea Debono had said he had only acted as a favour to the deceased’s brother and that he had not spoken to the widow or the heirs. The appeal was also turned down.

Dr Brincat explained that his client’s trial by jury began on 22 November and the verdict was reached four days later. During the trial, he said, the brother, widow and two children of the deceased testified before the judge who, as a lawyer, had signed an application on their behalf in the proceedings.

Moreover, said Dr Brincat, six years, nine months and 10 days had elapsed before his client’s trial in connection with the case. He said this did not conform with the requirement of a trial within a reasonable time.

He also complained that the presiding judge should not have applied the maximum penalty – life in prison – because the verdict of the jurors was not unanimous.

  • don't miss