In September 2003, Raymond Caruana had been sentenced to a two-year jail term, suspended for four years, and ordered to pay a Lm41,125 fine for car theft and forging documents.

Caruana filed an appeal against this judgement, as did the Attorney General. The man asked for his guilt to be reconsidered while the AG requested the that the man’s Lm17,500 car be confiscated.

The applicant was downstairs waiting for his lawyer when the case was called and the presiding judge chose to reject his appeal and uphold the AG’s.

Caruana’s lawyer filed an application just a few minutes later, when they eventually arrived at the court room, explaining his client’s absence. By right, Caruana should have been given a four-day time window to present this application and for his case to be re-appointed.

Caruana filed a writ in the constitutional court claiming that his right to a fair hearing had been breached since he had not been given the chance to present his case.

The court, presided over by Mr Justice Geoffrey Valencia, ruled in favour of Caruana and ordered his appeal to be re-appointed.

Dr Roberto Montalto and Dr Jose Herrera assisted Caruana.