The Criminal Court is due to hand down judgment regarding a man’s complaint on the impartiality of the Magistrates’ Court of Criminal Inquiry.

Mark Charles Stephens, a 42-year-old Briton, extradited to Malta from Spain, is being accused of conspiring with others to sell cocaine and cannabis resin on the islands. He was sent to Malta after Gregory Eyre, now convicted of drug trafficking, had named him as the man who hired him as a courier.

Following his arraignment, a legal battle ensued on several points. Mr Stephens had initially claimed the Maltese courts had no jurisdiction over his case. This point however was overturned when presiding magistrate Jacqueline Padovani Grima affirmed the court’s jurisdiction.

Magistrate Padovani Grima was ordered to give a decision on this matter by a judgment handed down by the Constitutional Court. Prior to this judgement, the magistrate had ruled that sufficient prima facie evidence had been presented for the man to be indicted.

After affirming the court’s jurisdiction, following the order by the Constitutional Court, the magistrate went on to rule for the man’s indictment for a second time.

Mr Stephen’s defence attorney, Dr Joseph Brincat, yesterday filed an application in the Criminal Court following this ruling. He is claiming that since the magistrates’ court had already given a decision on the matter of his client’s indictment, Magistrate Padovani Grima could not give impartial judgement on the same point for a second time.

In view of this, Dr Brincat said Mr Stephen’s arrest is therefore illegal. In response, however, Assistant Attorney General Dr Anthony Barbara claimed the magistrate had not infringed any law and therefore Mr Stephens’ arrest could not be deemed illegal.

The Criminal Court, presiding over by Chief Justice Vincent Degaetano is due to hand down judgment on this matter this afternoon.