The Constitutional Court yesterday confirmed a decision handed down by another court in relation to a Maltese-Australian who is wanted in the state of Victoria in Australia to face charges of indecent assault and rape of his teenage stepdaughter.
John Mary Chircop, 41, allegedly committed the crime between 1 November 2003 and 8 September 2004, and Magistrate Joseph Apap Bologna had already ruled that the man should be extradited to Australia to face justice.
He then filed an appeal, which was refused by the First Hall of the Civil Court, which ruled that there were other adequate remedies that the man should have availed himself of before filing the case in question.
But following this decision, Mr 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.
After taking into consideration cases similar to Mr Chircop’s, the Constitutional Court declined his request, ruling that the first court was perfectly right.
The court was presided over by Chief Justice Vincent De Gaetano, Mr Justice Joseph D. Camilleri and Mr Justice Tonio Mallia.