Darren Charles Desira has filed a constitutional case following refusals to grant bail and a refusal by Chief Justice Silvio Camilleri to recuse himself.

Mr Desira is asking the courts to declare, that through his detention, his human rights were breached. He also asks for his rights in connection with the Convention for human rights be respected and that he be released from detention.

Former Assistant Commissioner Neil Harrison, taking the stand, said that he was the main prosecuting officer in the case against Mr Desira.

He testified that former Judge Ray Pace had called him and asked him to go to his chambers to speak to him about something unrelated. It was not normal for a judge to call him to their chambers, in fact, he did not even know where it was, he said.

The former Assistant Commissioner went to the judge's chambers on 5 December, 2012. The  judge mentioned two judgments to him including one in which Mr Desira was jailed for 18 years. The judge told Mr Harrison that had he (the judge) not intervened then Mr Desira would have received a more lenient punishment.

Judge Pace was not involved in the case against Mr Desira, before the Criminal Court, as the judgment had been handed down by Mr Justice Lawrence Quintano.

Mr Harrison said that, at that point, he did not think much about Judge Pace’s comment. He thought that, perhaps, it was normal practice for judges to consult between them before handing down a judgment.

He stated that sometime after this incident Police Commissioner John Rizzo called him to his office and told him to bring Mr Desira who at the time was in prison, with him.

Mr Harrison said that, based from what he heard Mr Rizzo say, he thought back to his conversation with Judge Pace and gave it a whole new interpretation.

When Mr Rizzo spoke about a judge he mouthed to him whether he was referring to Ray Pace and Mr Rizzo nodded. He later told him about the incident in the judge’s chambers.

Mr Desira was arrested on 17 December 2001, accused on drug related charges and was released on bail in June, 2002.

In 2005, Mr Desira was accused of associating with persons to import, sell or traffic drugs. He admitted to the charges on 26 November 2012 and was condemned to pay a €46,800 fine as well as spend 18 years in prison.

Mr Desira appealed the sentence in December, 2012, following information received by the Defence that the Judge who handed down the sentence, Mr Justice Lawrence Quintano. The Defence argued that Mr Justice Quintano was approached by another Judge (Ray Pace now deceased), who tried to influence him in regard to the penalty given.

Mr Desira appealed that all procedures between 26 and 27 November 2012 be declared null and void and the case be assigned to another member of the Judiciary.

After his appeal was presented, Mr Desira constituted himself as the parte civile in criminal proceedings against former Judge Ray Pace and two other persons.

In October 2014, given that two years had passed since he filed the appeal and the case had not yet been heard, Mr Desira demanded to be released on bail through a sitting within the Appeals’ court, his lawyers explained.

In the sitting relating to this request, Mr Desira requested that Chief Justice Silvio Camilleri recuse himself given that he was Deputy Attorney General when Mr Desira’s criminal case was appointed. This request was denied on 18 November 2014.

His request to be released on bail was later dismissed.

Mr Desira is now arguing that the way procedures have been conducted a breach in his human rights can be seen.

The Defence argued that on 17 December 2001, the Attorney General ordered Mr Desira be taken before the Criminal Courts, rather than the Magistrates’ Court. He argues that this is the reason he still finds himself detained.

Quoting the law, Defence Lawyers Giannella De Marco and Steve Tonna Lowell said that when a person is found guilty in the Magistrate’s Court in its criminal Jurisdiction while not under arrest, that person can declare his wish for an appeal and would suspend the execution of the sentence. They also said that if a person was on bail during these proceedings, his bail would still apply.

“On 26 November 2012, Mr Desira was still benefitting from bail. If the Attorney General had ordered Mr Desira to be processed under the Magistrates’ Court in its Criminal Jurisdiction then Mr Desira would still be making use of bail. The discrepancy in the law exists when bail is granted after an appeal from the Magistrates’ Court in its criminal jurisdiction and those applicable in cases involving appeal from the Criminal Court”. The Defence argued that this discrepancy is a direct result of the Attorney General’s decision for him to be taken before the Criminal Courts rather than the Magistrate’s Court. once charged in the Criminal Court and handed a judgement of imprisonment, imprisonment is not suspended when an appeal is filed, contrary to the Magistrate’s court.

Since the death of former Judge Ray Pace, Raymond Caruana (one of the men suspected of having bribed the former Judge) has been murdered.

The case is being heard before Madam Justice Lorraine Schembri Orland.