A Court of Criminal Appeal declared a court judgement null and void yesterday after hearing that one of the main witnesses in a case had testified in the absence of the accused and his defence lawyer.

The man, whose name is not being published in order to protect the identity of members of his family involved in the case, was cleared of assaulting and slightly injuring his wife but was fined Lm200 after he was found guilty of slightly inuring his eight-year-old son.

The man appealed against the judgment, claiming that his right to a fair hearing and his rights to listen to, and cross examine, a main witness had been breached. He explained that the magistrate presiding over his case had listened to his son’s testimony in the magistrate’s chambers. As a result, he and his lawyer were left outside in the courtroom and denied the possibility of listening to the testimony viva voce and cross examining the witness.

Handing down his judgement, the Court of Criminal Appeal, presided over by Mr Justice Joseph Galea Debono, agreed with the legal points raised by the man and his defence lawyer and ordered that the case file be sent back to the Magistrates’ Court for the boy’s testimony to be heard according to law.

Dr Lorraine Schembri Orland appeared for the appellant.