A Constitutional Appeals Court yesterday upheld a decision that a man’s fundamental rights for a fair hearing and his human rights had been breached in a long-winded case over the spelling of his name.
Emanuel Gauci had originally been jailed for five years and fined Lm3,000 when the Magistrates’ Court had found him guilty of importing 2.2 kilogrammes of cocaine from Canada into Malta on and before 23 April 2001.
Gauci appealed the judgement but the Appeals Court, presided over by Mr Justice Joseph Galea Debono declared it to be null 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 had noted that two typed copies of the judgment, bearing the name “Emmanuel”, were 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 to be deemed to be the original.
He said the appellant has 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 is considered again by the Appeals Court.
Following the handing down of this judgement by the Constitutional Court, the Attorney General filed an appeal requesting the Constitutional Appeals Court to declare the Constitutional Court’s judgement null.
However, the Constitutional Appeals Court upheld the judgement handed down by the Constitutional Court except for part of it which ruled that the fact that Mr Gauci was not given a copy of the judgement was in breach of his human rights.
The Constitutional Appeal’s Court was presided over by Chief Justice Vincent De Gaetano, Mr Justice Joseph Camilleri and Mr Justice Joseph Filletti.
Dr Joe Giglio, Dr George Abela and Dr Robert Abela appeared for Gauci.