A Constitutional Court ruled yesterday that a judgement handed down by an Appeals Court be declared null and void because it was in breach of the defendant’s fundamental right to a fair hearing.

Emanuel Gauci had been jailed for five years and fined Lm3,000 after the Magis-trates’ Court had found him guilty of importing 2.2 kilogrammes of cocaine from Canada into Malta on and before 23 April 2001.

Gauci appealed against the judgement but the Appeals Court, presided over by Mr Justice Joseph Galea Debono, had declared the appeal to be nullified as the man’s name was spelt with an extra “m”. The extra “m” was also the same mistake on which the defence counsels were basing the appeal.

Mr Justice Galea Debono noted that two typed copies of the judgment, bearing the name “Emmanuel”, had been signed by both the court registrar and the magistrate. But the handwritten judgment, with the name “Emanuel”, was also signed by the magistrate and, as he personally wrote it, it was deemed to be the original.

The judge said that as the appellant had filed his appeal under the name “Emmanuel”, the appeal was to be declared null as the appellant’s name was “Emanuel” with one “m” and not with two. Mr Justice Galea Debono declared the appeal null and did not consider any of the contents of the appeal from the judgement handed down by the Magistrates’ Court.

But the Constitutional Court, presided over by Mr Justice Gino Camilleri, ruled that the Appeals Court had breached Gauci’s right to a fair hearing when it did not take any notice of the contents of the appeal.

Mr Justice Camilleri ordered that the Appeals Court’s decision be declared null and in breach of Gauci’s fundamental rights and ordered that Gauci’s appeal be considered again by the Appeals Court.

Dr Joe Giglio, Dr George Abela and Dr Robert Abela appeared for Gauci.