A Constitutional court today turned down a claim by Welshman Daniel Holmes that his human rights were breached during the case which saw him sent to jail for 10-and-a-half years for growing cannabis in his Gozo home in 2006.
Mr Justice Mark Chetcuti rejected the claims – filed against the Attorney General and Police Commissioner- that he was unable to mount a proper defence due to deficiencies in the legal aid system.
One of the main complaints filed by Mr Holmes was that there is a limited choice of three legal aid lawyers in Gozo, and not all of them are experienced in criminal law.
The Court said that whilst the legal aid system may not be perfect, it does not mean that Mr Holmes human rights were beached, and there is no indication that the lawyer appointed to Mr Holmes was not competent and did not have experience in criminal law.
The Court noted that no complaints had been made by Mr Holmes during his trial about his legal aid lawyer.
The judge said the fact that legal aid lawyers are paid for by the Attorney General – the prosecutors in the case – in no way undermines their independence.
The Court also turned down a claim that Mr Holmes was held under preventative arrest for an excessively long period.
Last year, Mr Holmes won €7,000 in compensation in a Constitutional case in which it was deemed his right to a fair trial was breached.
In that case, Mr Justice Anthony Ellul noted that Mr Holmes' right to a fair trial in a reasonable time had been breached as a result of the lengthy proceedings he faced: Mr Holmes was arrested in 2006 but was only convicted five years later.