The Malta Independent 17 June 2024, Monday
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Court: Man Demands not to be tried for a third time

Malta Independent Tuesday, 4 April 2006, 00:00 Last update: about 19 years ago

A man has demanded not to stand trial for the third time after claiming his presumed innocence cannot be guaranteed.

The trial of Brian Vella began twice over the last two years and collapsed each time. In an application filed yesterday, Mr Vella claimed that if his trial were to start for the third time, his right to be presumed innocent until proven guilty would be breached.

During the second trial, Police Commissioner John Rizzo made reference to the accused’s prior criminal record, the application claimed. This is something a jury must have no knowledge of. Following the collapse of the trial, several articles were written in the press regarding Mr Vella’s situation, the application claimed.

In view of this, Mr Vella said that everyone in Malta has heard of the case and therefore any jurors chosen to sit in the third trial will undoubtedly be prejudiced. The man demanded the third trial not be held as this would breach his fundamental human right to be presumed innocent.

The application was filed by Dr Anglu Farrugia and Dr Kris Busietta.

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