The case of a 50-year-old man who stands charged with trafficking almost a kilo of heroin, after the police spent weeks monitoring his movements in 2009, has been referred to the Constitutional Court.

Martin Dimech, from Żejtun, pleaded not guilty to the charges brought against him. Lawyers Franco Debono and José Herrera asked for a referral, stating that when he was making a statement, he did not have a lawyer present, when he was interrogated.

He was charged after being found in possession of 900 grams of heroin, which were hidden behind a fridge ready for sale. He was also charged with possession and intention to sell the drug and relapsing.

Police Inspector Victor Aquilina had told the Court that the Police had managed to obtain a search warrant and had searched his house. After his arrest he admitted the drugs were his, and that the woman who lived with him was not involved.

Recent judgements have declared that statements taken without the presence of a lawyer are in breach of fundamental human rights, and potentially ‘null’ and ‘without effect’.

The landmark judgements establishing this principle were the cases of Alvin Privitera, Mark Lombardi and a minor, in which Dr Debono was defence counsel.

There was also a constitutional referral by Dr Herrera in a drug trial by jury and by lawyer Joe Giglio in the Sant Cassia murder.