Judge Anna Felice threw out a constitutional application filed by a man accused of drug trafficking.

The decision concerns two separate but identical cases of drug trafficking. While under house arrest, Mario Camilleri was visited by Robert Spiteri. Mr Spiteri was arrested and charged with drug trafficking. Prior to the hearing the Attorney General had decided Mr Spiteri was to follow summery proceedings while Camilleri was to face a trial by jury.

Mr Camilleri pleaded with the Constitutional Court that the decision of the AG binds the court with a minimum and maximum punishment. It is at the AG's discretion whether a person faces a trial by jury, in this case entailing a life sentence or summary proceedings at the Court of Magistrate handing a maximum of 10 years imprisonment.

While the accused can choose not to face summary proceedings and opt for a trial by jury, the choice does not apply if the AG goes for a jury in the first instance.

The Human Rights Convention states the accused has a right to know what punishment he is battling upon arraignment. It is paramount for the defence attorney to ascertain what punishment bracket his client lies in. However this depends on the AG's choice of court.

In her decision, Justice Felice stated that the route by which the accused is brought to justice is irrelevant.

"The AG’s decision does not impinge of the conviction or acquittal of the accused. The fact that the accused was not aware of the punishment his actions carried does not nullify his proceedings. If this is allowed, it would paralyse our judicial system", the court held.