A magistrates’ court has referred a man’s complaints to the First Hall of the Civil Court in its constitutional jurisdiction, after he claimed that his rights were being breached as he was being tried twice over the same matter.

Joseph Lebrun is facing criminal proceedings for his alleged involvement in the importation of seven kilogrammes of heroin.

Mr Lebrun was first charged in September 2005 when he was accused of conspiring to deal in heroin and importing and trafficking the drug, on and before, June 6, 2005.

However, in November 2005, the magistrates’ court said there were insufficient reasons for Mr Lebrun’s indictment and, as a result, cleared him of all charges.

In December, the Attorney General contested the acquittal and filed a warrant of arrest according to article 433 of the Criminal Code. The article states that the Attorney General could issue a warrant for the arrest of any person discharged by the magistrates’ court if the Attorney General and a judge agreed there were sufficient grounds for an indictment to be filed against that person.

As a result, Mr Lebrun filed his first constitutional application in the First Hall of the Civil Court, saying that the Attorney General’s actions were in breach of his right to a fair hearing. In June 2006, the court ruled that his rights had not been breached.

Mr Lebrun took his case to the constitutional court claiming a breach to his right for a fair hearing. In February the court declared that article 433 was likely to breach a person’s right to a fair hearing and, as a result, on 16 April Cabinet approved a memo by the Justice Minister to amend article 433.

Furthermore, a week later, the House of Representatives approved a Bill amending the Criminal Code.

Since then the case of Mr Lebrun continued and the criminal court ruled there were sufficient grounds for his indictment.

However, Mr Lebrun claims that this was in breach of his right “not to be tried or punished twice” as laid down in the European Convention Human Rights and filed an application before the magistrates’ court requesting it to refer the matter to the First Hall in its constitutional jurisdiction.

The request was upheld.

Dr Joseph Giglio, Dr José Herrera and Dr Franco Debono are appearing for Mr Lebrun.