A man who stands accused of association to import and traffic heroin was today awarded compensation of €6,000 by a court after finding that his proceedings in court had been unjustifiably prolonged.
Joseph Lebrun was arraigned in 2005 and accused of association to import and traffic seven kilograms of heroin. He is pleading not guilty.
In the same year he was discharged by the Magistrates' Court due to lack of evidence but he was then re-arraigned. At this point he filed and won a Constructional Court where he argued that people who were discharged should not be re arraigned. Parliament subsequently changed the law and Mr Lebrun was re arraigned.
The Civil Court in its Constitutional jurisdiction this morning upheld his plea that his human rights were violated by the length of time the proceedings were taking.
The court noted that 55 sittings had been held but no progress had been made in most of them. Only seven witnesses had been heard.
Magistrate Anthony Ellul said there was no evidence that this was a complex case which merited so many sittings over so many years even though the police had a difficult case based largely on circumstantial evidence.
The case is currently...
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