Top criminal lawyer, currently boasting about his human rights record on his blog, leaves vulnerable immigrant client in the lurch

Published: October 29, 2012 at 11:34am

“I’m off for some tuna toast”

timesofmalta.com, this morning:

Rape trial put off – accused in detention for over five years

The trial by jury of four illegal immigrants who have been under arrest for the past five years and seven months pending rape charges, was this morning deferred after two lawyers renounced responsibility and one of the accused did not engage another lawyer..

At least one of the accused had been granted bail in the intervening period, but was then re-arrested.

During proceedings this morning, one of the lawyers, Joe Brincat said that he only found out about the trial by coincidence on Friday afternoon when the deputy registrar informed him that the trial was most likely to be put off because lawyer Franco Debono had renounced the case.

Dr Brincat added that his own client was not in the least bit interested and was very arrogant with him.

Dr Debono informed the court on his decision on Friday afternoon after having known since July about the trial, Mr Justice Michael Mallia said.

(Dr Debono told timesofmalta.com that he had informed his client of his decision months ago, and had also not appeared in proceedings on bail. He did not need to take further action but filed a note on Friday pointing out how the client was notified months ago. It was then up to the client to engage another lawyer)

The accused, three from Somalia and another from Sudan, are in their 20s and 30s.

Legal aid lawyer Malcolm Mifsud, who is also appearing for the men, said that he was only notified about Dr Debono’s renunciation of the brief at 4 p.m. on Friday.

Given this situation he was unable to prepare a sufficient defence given that the men were facing a total of 18 charges.

The trial was postponed to Wednesday after Dr Mifsud said that he was going to review the case and declare any possible conflict of interest because he was representing one other accused.




24 Comments Comment

  1. Jozef says:

    He’s a ‘true’ Nationalist you see.

  2. Tal-misthija says:

    Mela l-ewwel iggieled ghad-dritt li waqt l-interrogazzjoni ikun hemm avukat prezenti, u mbaghad lil dawn hallihom jixxejru.

    Vera igib ruhu bhal tifel tal-Form 2.

  3. The other hatter says:

    In which universe does a lawyer inform his incarcerated client that he does not wish to continue acting for him, but fails to inform the court that he is to be removed from the record until some three months later, just days before a scheduled jury trial?

    In any other western democracy, the court would, in all likelihood, reject Debono’s last minute withdrawal on the grounds that it is too highly prejudicial to the interests of the accused.

    In which universe does a defence lawyer inform the court that his client is disinterested and very arrogant? It would appear that Maltese lawyers no longer owe their clients (or former cients) a duty of loyalty.

    Have any of these bozos ever been disciplined for beach of professional ethics?

  4. aston says:

    The client was very arrogant with him. Does anybody else see a pattern emerging?

    • pm says:

      aston, the client was not very arrogant with him (i.e. Dr Franco Debono) but with Dr Joe Brincat.

      If I remember correctly, his client was a guarantor and not the prisoner. So I’m sure that the payment was being made by the guarantor.

  5. Clifford says:

    Probabbilment ma sabt minn fejn jisloh

  6. Clifford says:

    sabx*

  7. Wilson says:

    I thought it was his prerogative on whether he keeps a case or not. Wouldn’t he just be another lawyer like all the others ?

  8. Village says:

    X’taqa ghan-nxxx. madonna Franco.

    Ara igbor giehek u vvota mal Gvern ta.

  9. TROY says:

    Taghtix kashom, Franco – ftakar li int gibt 100 fir-religjon.

  10. carlos says:

    Most probable because they are not good customers money wise.

  11. miki says:

    It was Joseph Brincat who commented about the behaviour of the Somalis not Debono.

    Not to defend the kid from 2A or whatever class he was in, but just getting the facts right.

    And knowing that Joe Brincat is a fairly down to earth man, they must have really ticked him off.

  12. Two hats says:

    When he dropped his vulnerable client Franco Debono was wearing his top village lawyer hat. When he fights to protect human rights he is wearing his MP hat.

  13. Alex says:

    Oh My God, Franco on TVM2. Says he thinks people want him to lead the party, when asked if he is interested in contesting the deputy leader elections.

  14. Il-Hajbu says:

    Nahseb li f’dan il-kaz ma hemmx boqxiex x’jerdgha.

  15. Joe Azzopardi says:

    U ejja, give the man a break. Do you expect “an achiever” with those Form II grades to defend a few Somalis.

    If the accused was Hannibal or Jack the Ripper, the story would be different. These would be challenging trials to the criminal lawyer of this stature.

  16. C says:

    According to Maltatoday Franco said that “there are many encouraging me [to contest for deputy leader] as well, saying that I would be an ideal figure of reconciliation for the party”.

    Well, now he probably realized that he has to eat his own s*** because he knows that with him or without him the election is going to take place next year, as it was supposed to be.

    Probably he will now start to such up to those whom he criticised in the party perhaps to give him another chance of avoiding his political coffin. But how could he be an ideal figure of reconciliation when he has insulted so many of his own colleagues?

    Lawrence Gonzi, Tonio Borg, Karm Mifsud Bonnici, Austin Gatt, Joe Cassar, Beppe Fenech Adami, Charlo’ Bonnici, Tonio Fenech, Jason Azzopardi, and the list goes on.

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