A Gozitan father who lost a kidney while in prison and faces several more years behind bars has had his five-year jail term removed in a landmark judgement by the Constitutional Court – and a temporary major win.

Lovin Malta has followed the case of Christopher Bartolo closely since 2017, when he was sentenced to prison after being found with 167g of cannabis resin.

And after years in court and prison, the Constitutional Court has finally recognised that a sworn statement that Bartolo gave a magistrate and that was central to him being found guilty could not be used in court as it had been taken without Bartolo’s lawyer present.

Police officers had infamously approached Bartolo as he was leaving a routine dialysis session at Mater Dei, taking him in for interrogation. Sessions typically take around four hours.

In a weakened and vulnerable state, and without his lawyers present, Bartolo was interrogated, giving statements that have now been deemed “tainted” by court, and cannot be used as evidence in his trial.

This means that Bartolo’s case will now return to to the pre-judgment stage.