An application has been filed for a retrial on a case of attempted murder, with the prisoner, who signed a statement admitting to the charges at the time, stating that his right to a fair trial was breached as he did not have a lawyer present when he signed his admission of guilt.
Stephen Pirotta, 45, was charged with attempted murder, possession of a weapon, negligent driving, and breaching the peace, with the case concluding in 2010.
According to reports of the jury trial in 2010, David Azzopardi (the victim) and his girlfriend Lorraine Darmanin were going back home in a Peugeot after an evening out in a wine bar in Rabat, at around midnight on the night between 28 and 29 September, 2005. While driving through Qormi, Stephen Pirotta was driving a Skoda Favorit behind the couple's car. He hooted the horn to overtake the couple's car as they were in Mdina Road, Qormi. After trying to overtake them several times he finally managed but hit the mirror on the driver's side of the Peugeot.
The court at the time heard that the accused did not stop, so the couple followed him hooting their horn, down Mdina Road. Seeing that the couple were following him, the accused stopped the car, blocking the road. The court was told that he got out of the car and the two drivers argued about the incident for a few seconds until the aggressor returned to his vehicle. As the victim assumed that the argument was over he returned to his car to drive off. Meanwhile the accused got a large knife from his car, went near the victim's car and stabbed Mr Azzopardi.
Mr Azzopardi insisted on driving to hospital himself. At one point, while driving towards St Luke's Hospital, he could not stand the pain any longer and lost control of his vehicle, crashing into a lamppost in St Joseph High Road, Hamrun.
Two policemen arrived from a nearby police station and offered their assistance. As Mr Azzopardi was taken to hospital, Ms Darmanin informed the policemen of what had happened a few minutes earlier. When questioned by police.
He was found guilty through a verdict on February 23, 2010 and was sentenced to 18 years in prison.
Lawyers Franco Debono, Marion Camilleri and Amadeus Cachia, who filed the court application on behalf of the accused, argued in the application that when their client signed a statement in 2005 admitting his involvement, he did not have a lawyer with him. The lawyers also argued that their client was denied his rights, through the rule of disclosure, "as Maltese law at the time did not provide for the right to legal assistance at any time during the investigation, arrest, as well as before and during interrogation".
They argued that the statement was the principle proof, and that if it wasn't for the cooperation of the accused through the statement, the police might not have been able to solve the case. They said that during the compilation of evidence, the victim, David Azzopardi, as well as his girlfriend Lorraine Nejjar were not in a position to identify the accused.
The application read that the accused did not even have access to the police file as the law at the time did not permit it, arguing that this, coupled with the defendant not having legal assistant, resulted in a breach of his human rights.
The application requests that the Court declare that Mr Pirotta's right to a fair trial was breached, and for the case to begin anew.
from The Malta Independent http://ift.tt/1nGapRs
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