I refer to the news item, under the heading “Indictment retracted”, (TMID, 16 February).

In that report, it is stated that the Constitutional Court, in its judgement of 14 February 2006 in the case Mark Charles Kenneth Stephens v. Avukat Generali, ordered that Stephens’ indictment be withdrawn.

This is totally incorrect. To date no indictment has been issued against Stephens by the Attorney General and therefore no such indictment can be withdrawn or retracted.

What the Constitutional Court ordered was the revocation of the decree by the Court of Magistrates as a Court of Criminal Inquiry to the effect that there were sufficient reasons for an indictment to be filed, and this for the reasons detailed by the Court in its judgement.

Kevin Mahoney

Registrar, Civil Courts and Tribunals