Court Dismisses Keith Schembri And Konrad Mizzi’s Freezing Order Appeal
Malta’s highest court has denied Keith Schembri and Konrad Mizzi’s appeal against a freezing order issued to them, arguing that seven days to contest a freezing order breaches their rights.
While the Constitutional Court called on Criminal Courts to take “all the time necessary” before making a final decision on freezing orders, it dismissed the appeal submitted by Mizzi, Schembri and other applicants.
It commented on the current blanket seven-day limit for appeals and said that permissible time limits to counter a freezing order should be extended, the Times of Malta reported earlier today from court.
Mizzi, Schembri and other people among the first group of defendants charged in relation to the Vitals magisterial inquiry tried to challenge current laws that give defendants seven days to contest freezing orders. They argued that this causes an inequality of arms between the prosecution and defence because prosecutors have a lot of time to draft freezing order requests while defendants have just seven days to object.
They said that this breaches their rights to a fair hearing and the peaceful enjoyment of property. The appeal was dismissed this morning by the Constitutional Court, presided over by Chief Justice Mark Chetcuti and Judges Giannino Caruana Demajo and Anthony Ellul.
After an appeal to a freezing order is received, judges also have a time limit to make a decision. These limits are set to avoid unnecessary delays and to make the parties aware of how much time they should expect until a decision. however, the complexity of some cases may warrant some flexibility.
So, the Constitutional Court issued a direction to the Criminal Court, calling for it to assess each case on its merits and decide what time it needs to reach its decision. Consideration should also be made to the persons subject to the freezing order. If the Criminal Court identifies a “genuine and necessary” need to hear witnesses or finds a valid reason to extend the decision period beyond seven working days, it must act accordingly, whether by confirming, modifying, or overturning the orders.
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