A landmark judgment delivered by the First Hall, Civil Court (Constitutional Jurisdiction) enshrined that the right to cross-examine witnesses at any stage of criminal proceedings is a fundamental human right. This ruling reaffirms that the right to a fair hearing includes the right to cross-examine witnesses.
The defence was denied the opportunity to cross-examine the prosecution’s principal witness. The principal witness of the prosecution was the accused’s cousin.
The facts that led to this case are as follows;
The cousin had pursed the accused’s daughter when she was only 13 years old against her will. Upon commencement of her studies at university, she tried to terminate the relationship. The cousin did not accept this, and allegedly resorted to violence, intimidation, and blackmail, including threatening to distribute intimate recordings of her to family members and the Rector of the University of Malta, stabbing her, raping her, and also attempting to throw her off Dingli cliffs. When the police asked the accused to help identity his cousin, he allegedly tried to kill him. As a result, criminal charges of attempted homicide were brought against him.
In the criminal proceedings his cousin, being the principal witness of the prosecution, testified before the Magistrate’s Court. However, he refused to answer any questions put to him by the defence lawyers during cross-examination. Although the defence lawyers could potentially cross-examine him again during the jury trial, the trial was repeatedly delayed, and, in the meantime, the witness died.
The Court’s Conclusions;
The Court held that the prosecution could not rely on that witness’s testimony in the trail by jury. It stated that it is the State’s primary duty to maintain an efficient and effective judicial system that ensures individuals have their cases heard and concluded within a reasonable time. In the present case, the State had evidently failed in this basic duty. Furthermore, the excessive delay directly deprived the defence of the opportunity to effectively cross-examine the prosecution’s principal witness, thereby violating his right to a fair hearing.
The accused was assisted by Dr Joseph Giglio and Dr Michaela Giglio
