Thursday, 5th November 2009 - 12:58CET
Court turns down Security Service objections to production of wire tapping warrant
The First Hall of the Civil Court has upheld a decision by the Magistrates' Court ordering the Security Service to produce warrants authorising it to wire tap the phone calls of a person who stands charged with wilful homicide.
The decision, thought to be a first, was taken as part of the compilation of evidence in a case filed against Marco Pace, known as Il-Pinzell.
The Security Service and the prosecution had strongly objected to the request when it was first made to Magistrate Consuelo Scerri Herrera.
Earlier in the proceedings the prosecution had exhibited tape recordings of the wire tabs after the magistrate had ordered it by decree.
When the court upheld the request for the warrants to be exhibited, the prosecution and the Security Service filed an application calling on the court to revoke its decree.
Magistrate Scerri Herrera stood by her decision and said the issue could be decided by a higher court.
However, Mr Justice Giannino Caruana Demajo, sitting in the First Hall of the Civil Court this morning denied the request to revoke the decree, saying the lower court was correct in uphold the request for the warrants to be produced.
Defence counsel Manuel Mallia later explained to the press that warrants needed to be issued before the Security Service wire tapped phone conversations of people suspected of having commited a crime. This judgement, he said, constituted a safeguard against unauthorised wire tapping.
RSS
Comments
In the U.K, who have a serious problem with terroirist attacks, the debate about wire tapping took a serious dimention under Tony Blair,when a large number of M.P.s' threatened to bring down the Government if the rights of individual liberties were not safegaurded.
I belive that the British found a solution. Wire tapping can only be authoritised by an independent judge upon the request by the Police. To leave this power in the hands of a Minister is dangerous. A minister may use it o pursue his or his parties poltical ends.
Mr. Farrugia, people who like me are trained and have spent a lifetime in the criminal justice system go by the maxim that " It is better that one hundred guilty persons are set free than for a single innocent person to be found guilty" Incidently this maxin was coined by Maxillien Roberspierre when he resigned from his position as a magistrate. It is in persuance of this maxin that we have a criminal justice system, which has taken centuries to develop into what it is today, whose procedures must be followed by one and all.
"I rather see a dozen people hang than one hardened criminal free to kill, maim, rob mug etc"
Are you trying to demonstrate your warped 'logic' and sense of 'values'? At this stage I don't think that there are any of us left to persuade!
Your comment is typical of totalitarian states. Do you mean that you don't mind seeing a dozen innocent people hang - just to catch one criminal? One of these innocent victims could be yourself or a member of your family. Don't you mind that? I would turn your statement round: I would rather have a dozen criminals freed by the Courts than one innocent person convicted. The laws of the land and their correct interpretation are the only safeguard of the citizens against dictatorship. Read about Burma, Iran, North Korea, Nigeria and tens of other countries where the authorities act upon your statement.
Although the accused is a known criminal, then more and more should the police ensure that the law is observed by themselves in the first place to be sure that the right justice is made.
Now, thanks to their pride, this alleged criminal could go free. Thanks.