As the 150 jurors called up yesterday breathed a sigh of relief, the presiding judge Joseph Galea Debono launched into a tirade regarding the disrupted programme.
The judge strongly expressed his displeasure that the court was not notified earlier that Simon Xuereb would not be standing trial.
“Both the defence and the prosecution have known the trial was appointed for this date since 27 June of last year,” he said. This gave them ample time to tell the court about the AG’s order for the case to be heard in the Magistrates’ Court, he explained.
“If the court had known of the admissions and changes made this year, six more trials could have been appointed instead,” continued the irate judge.
“The court is ashamed that 150 people, from all walks of life, have had their day disrupted unnecessarily,” continued Mr Justice Galea Debono. Had the court been notified of this change in proceedings at an earlier stage, this could have been avoided, he said.
He stressed that if an accused due to stand trial will be admitting his crimes or if plea bargaining changes the course of the proceedings, the court must be notified at the earliest possible stage. As the lawyers taking this scolding sank in their seats, the judge continued his tirade saying that this oversight had caused the court unnecessary expenses. “The hotel and transport for the jurors have already been booked,” he explained. The judge concluded that “the recent changes in the trials planned have disrupted this criminal court room.” He once again emphasised that the court must be notified of any changes in the trials appointed immediately.
Simon Xuereb, 29 from Zebbug, allegedly assisted others to import around a kilo of cocaine into Malta from Canada through the postal system in February 2001.
The bill of indictment drawn up against Xuereb claimed he allowed other men to send a package containing a considerable amount of cocaine to a letter box he controlled at the Marsa stables where the accused’s father kept his horses.
The package was sent to this address but was addressed to Joe Portelli, a name that turned out to be false. The bill noted that although the package was not sent to Xuereb personally, the letter box was still under his control. Xuereb was therefore charged both with conspiracy and importing illegal drugs. The 29-year-old was also charged with relapsing in view of previous convictions.
The bill also alleged that the accused received Lm3,000 as compensation for his assistance in importing the cocaine.
Had he been tried in the criminal court, as he was meant be to yesterday, Xuereb could have faced life imprisonment and a maximum fine of Lm50,000.
Upon an order by the Attorney General, as part of a new plea bargaining process agreed upon by the defence and the prosecution, the case is now due to be heard and eventually judged in the Magistrates’ Court, where according to legal circles, the maximum prison time the man could face is 10 years.
The court was presided over by Mr Justice Joseph Galea Debono. Dr Roberto Montalto, Dr Michael Sciriha and Dr Jose’ Herrera stood for defence while senior council to the republic Mark Said prosecuted.
As the 150 jurors called up yesterday breathed a sigh of relief, the presiding judge Joseph Galea Debono launched into a tirade regarding the disrupted programme.
The judge strongly expressed his displeasure that the court was not notified earlier that Simon Xuereb would not be standing trial.
“Both the defence and the prosecution have known the trial was appointed for this date since 27 June of last year,” he said. This gave them ample time to tell the court about the AG’s order for the case to be heard in the Magistrates’ Court, he explained.
“If the court had known of the admissions and changes made this year, six more trials could have been appointed instead,” continued the irate judge.
“The court is ashamed that 150 people, from all walks of life, have had their day disrupted unnecessarily,” continued Mr Justice Galea Debono. Had the court been notified of this change in proceedings at an earlier stage, this could have been avoided, he said.
He stressed that if an accused due to stand trial will be admitting his crimes or if plea bargaining changes the course of the proceedings, the court must be notified at the earliest possible stage. As the lawyers taking this scolding sank in their seats, the judge continued his tirade saying that this oversight had caused the court unnecessary expenses. “The hotel and transport for the jurors have already been booked,” he explained. The judge concluded that “the recent changes in the trials planned have disrupted this criminal court room.” He once again emphasised that the court must be notified of any changes in the trials appointed immediately.
Simon Xuereb, 29 from Zebbug, allegedly assisted others to import around a kilo of cocaine into Malta from Canada through the postal system in February 2001.
The bill of indictment drawn up against Xuereb claimed he allowed other men to send a package containing a considerable amount of cocaine to a letter box he controlled at the Marsa stables where the accused’s father kept his horses.
The package was sent to this address but was addressed to Joe Portelli, a name that turned out to be false. The bill noted that although the package was not sent to Xuereb personally, the letter box was still under his control. Xuereb was therefore charged both with conspiracy and importing illegal drugs. The 29-year-old was also charged with relapsing in view of previous convictions.
The bill also alleged that the accused received Lm3,000 as compensation for his assistance in importing the cocaine.
Had he been tried in the criminal court, as he was meant be to yesterday, Xuereb could have faced life imprisonment and a maximum fine of Lm50,000.
Upon an order by the Attorney General, as part of a new plea bargaining process agreed upon by the defence and the prosecution, the case is now due to be heard and eventually judged in the Magistrates’ Court, where according to legal circles, the maximum prison time the man could face is 10 years.
The court was presided over by Mr Justice Joseph Galea Debono. Dr Roberto Montalto, Dr Michael Sciriha and Dr Jose’ Herrera stood for defence while senior council to the republic Mark Said prosecuted.