In a reply to an application filed by a man who is to be extradited to Australia to answer to charges of violent indecent assault and rape of a 14-year-old girl, the Attorney General’s office yesterday claimed that the constitutional case was only filed to lengthen the extradition proceedings.

John Mary Chircop, 41, who has Maltese and Australian nationalities, is wanted in the state of Victoria in Australia to face charges of violent indecent assault and rape of the teenager, who happens to be his stepdaughter. The crime allegedly took place between 1 November 2003 and 8 September 2004.

Magistrate Joseph Apap Bologna has already ruled that Chircop is to be extradited to Australia to face justice.

But following this decision, Chircop filed a constitutional case claiming that his right to a fair hearing had been breached by the magistrate who presided over his extradition proceedings. He also claimed that he was not in a position to communicate with his defence lawyers in order to prepare his defence.

Moreover, he claimed that when at the beginning of the extradition proceedings he stated that he was not fit to stand trial, the presiding magistrate still continued to listen to evidence which the prosecution was bringing against him. After listening to this evidence, the magistrates appointed a team of experts to examine Mr Chircop and determine whether he was fit to stand trial.

In the reply to this application, the prosecution said that at no point were Chircop’s rights to a fair hearing breached and that the defence was only raising this point now. It said that during the actual proceedings, the defence lawyers never complained.

The prosecution said the psychiatrists appointed by the court to evaluate Chircop’s mental condition concluded that he was fit to stand trial. It said that when the psychiatrists were appointed, the defence lawyers did not object to the continuation of the case.

The prosecution therefore called on the Constitutional Court to declare the application filed before it by Chircop is frivolous and order the man’s extradition to Australia.

The lawyers representing the Maltese-Australian man are Patrick Galea, Philip Galea Farrugia, Michael Tanti Dougall and Jacqueline Tanti Dougall. The prosecution team includes Dr Donatella Frendo Dimech, Dr Kevan Azzopardi and Dr Cynthia Scerri De Bono.