A man was awarded compensation of €465 today after the Civil Court ruled that a delay of over five years in the conclusion of criminal proceedings constituted a violation of the right to a fair trial within a reasonable time.

The judgement was delivered by Mr Justice Tonio Mallia following a constitutional application filed by David Marinelli against the Attorney General and the Commissioner of Police.

Mr Marinelli told the court that, in his capacity as Managing Director of Portman Consultants International, he was arraigned before the Magistrates Court in June 2002 on charges of violation of the Money Laundering Act.

The proceedings before the Magistrates Court were concluded in May 2007, when Mr Marinelli was acquitted. The prosecution appealed and in September 2007 the Court of Criminal Appeal overturned the first court s judgment and had found Mr Marinelli guilty and fined him Lm50.

Mr Marinelli told the court that he had been subjected to criminal proceedings for a period of over five years which was unreasonably long. He added that no evidence had been brought against him and that his guilt had been established by the Court of Criminal Appeal on an application of the presumption of guilt as opposed to innocence. He also requested the court to grant him compensation.

Mr Justice Mallia declared that the Constitutional Court had already pronounced itself and had ruled that a presumption of guilt or a reversal of the onus of proof was not in itself a violation of human rights.The Court of Criminal Appeal, after hearing all the evidence against Mr Marinelli had ruled that there was not enough evidence to prove that MrMarinelli had acted in good faith.

However a period of over five years for the conclusion of the criminal proceedings was unreasonable in the circumstances and the Court awarded Mr Marinelli compensation.

Source : http://www.timesofmalta.com/articles/view/20080703/local/compensation-awarded-for-undue-court-delays

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