The Constitutional Court yesterday ruled that criminal proceedings brought against a man for his alleged involvement in the importation of seven kilograms of heroin could fall through, unless parliament amends an article within the Criminal Code.

Joseph Lebrun, 50, from Marsascala was allegedly involved in the importation of the drug on and before June 2005.

The Court of Magistrates had ruled that there was not enough prima facie evidence and the man was discharged, but the Attorney General then applied Article 433(3) of the Criminal Code and consulted with a judge who does not normally preside over the Court of Criminal Appeal.

Following a number of appeals, Mr Lebrun’s lawyers appealed to the Constitutional Court, claiming a breach of the man’s right to a fair hearing due to the private consultation between the Attorney General and the judge.

The court upheld this request, stating the procedure could have likely been a breach of his right to a fair hearing in accordance with the Constitution and the European Convention of Human Rights.

The court declared that the proceedings before the Court of Magistrates remain pending sine die for a period of three months, during which time the law will need to be amended, otherwise the case will fall through.

Police Inspectors Norbert Ciappara and Dennis Theuma prosecuted.

Dr Joseph Giglio, Dr Josè Herrera, Dr Franco Debono and Dr Michael Camilleri appeared for the accused.