A court yesterday upheld two requests by Joseph Lebrun’s defence team and stayed the criminal proceedings against him.
Mr Lebrun is charged with importing and trafficking seven kilos of heroin before and on 6 June 2005.
Joseph Lebrun, a 48-year-old, is the fourth man to be charged in connection with a large haul of drugs seized by police in Mellieha on 6 June 2005. Silvio Buttigieg, Angelus Vella and Jason Said have been accused of involvement in the case.
At yesterday’s sitting, presiding magistrate Antonio Mizzi upheld the defence’s requests for the case to be referred to the Civil Court, in its Constitutional Jurisdiction, and for the proceedings against their client to be stayed. The defence attorneys are claiming that their client’s rights have been breached. The criminal proceedings against Mr Lebrun have therefore been stayed pending a decision by the Civil Court.
Mr Lebrun was first charged with the crimes on 6 September 2005. On 23 November 2005, he was then acquitted after a court ruled insufficient prima facie evidence had been presented for his indictment. In December, however, the Attorney General ordered that the man be re-arrested and the proceedings against him were to continue.
On that same day, Mr Lebrun’s defence attorneys filed a judicial protest claiming that the arrest warrant was in breach of their client’s fundamental human rights. In spite of this, Mr Lebrun was re-arrested and his case was assigned to Magistrate Mizzi.
The accused’s defence asked the court to refer Mr Lebrun’s case to the Civil Court in its Constitutional jurisdiction. This referral has the same function of an application filed within this court.
The attorneys also asked Magistrate Mizzi to stay the proceedings against Mr Lebrun until the Civil Court hands down a judgment regarding the alleged breach of human rights. The court upheld both requests and proceedings were stayed.
Inspectors Norbert Ciappara and Dennis Theuma prosecuted.
Dr Franco Debono, Dr Joseph Giglio and Dr Jose Herrera appeared for Mr Lebrun.