A man serving a 16-year prison sentence has been granted €1,000 after the court ruled that his fundamental rights were breached when he was not read his rights.

Jean Pierre Abdilla had been found guilty in a 2009 jury of trafficking in heroin, possession of the drug, trying to corrupt an immigration officer official and being in possession of protected birds and reptiles. He was handed down a 16-year sentence and ordered to pay €40,000. He was also found guilty of conspiring with another person to sell the drug, but that charge was later dropped by the appeals court in 2013.

Mr Abdilla then filed a court application requesting the court to declare the breach of fundamental rights and to compensate for damage.

The Attorney General said that Mr Abdilla should have appealed the judgment once it was handed down.  

It also noted that at the time of the crime, Mr Abdilla was a police officer and therefore was well aware of the criminal proceedings that would be involved and what filing a statement meant.  In addition, he was found guilty based on evidence presented and not solely on the statements he gave.

The court noted that Mr Abdillia was not appointed a legal aid before or during interrogation and he was denied access to the police file.

The court ruled that there was a breach of the accused’s fundamental rights and ordered the AG to pay €1,000 in damages.

Judge Silvio Meli presided.