A constitutional appeals court yesterday rejected a judgement of the Constitutional Court and ordered that a case is reappointed and more evidence be heard on the defendant’s claim that he has been prejudiced by the happenings.

Brian Vella, 35, of Hamrun, is being accused of the murder of Gerald, 79, known as Gigi and Josephine Grima, 64, known as Guza, who were found bound and gagged in their Santa Lucia home on 17 February 2000. The murder was said to have taken place on 10 February. Mr Vella’s trial by jury has been dissolved twice.

In his original application before the Constitutional Court, Mr Vella claimed that since his trial by jury started twice and was given extensive coverage in the media. As a result, he said he has already been prejudiced and that is not being guaranteed a fair hearing.

In his application, Mr Vella claimed that the court cannot be impartial since it presided over his two trials which were dissolved and also the trial of another man accused of complicity in the murder of the elderly couple. He claimed that his right to a fair hearing was not being respected in view of the European Convention of Human Rights and called on the Constitutional Court to order remedies it deems fit.

Mr Vella’s last trial by jury was dissolved in January this year when during his testimony, Police Commissioner John Rizzo passed comments that suggested that the accused could have been previously convicted.

Mr Vella’s constitutional application was rejected by the Constitutional Court presided over by Mr Justice Joseph R Micallef last week.

Yesterday, the Constitutional Court, presided over by Chief Justice Vincent De Gaetano, Mr Justice Joseph Filletti and Mr Justice Joseph Camilleri rejected this judgement and said that the Constitutional Court should listen to the case again. They said the court should also listen to evidence, including newspaper cuttings and video footage, of comments which were made and reports written on the case when it was dissolved for the second time.

In view of this judgement, the trial by jury which was due to start on Monday 26 June will not be held. Later on yesterday, in fact, the court issued a notice for the people called for jury duty in June that they do not need to be present in court on Monday.

Dr Anglu Farrugia and Dr Kris Busietta are appearing for Mr Vella.