Indicting the trial : the Maltese trial by jury and the fundamental right of fair trial

Abstract

This work has the object of placing the Maltese trial by jury itself under bill of indictment, one drawn up by the precepts and requisites of the fundamental right of fair trial. It intends to entertain an analysis of the Maltese trial by jury, wherein the latter’s most distinctive components are scrutinised via the standards set by, primarily, Article 6 of the ECHR. Its purpose is to determine whether persons undergoing trial by jury are tried with full respect to their right to fair trial and, consequently, whether the State is fulfilling its erga omnes obligation to meet out justice in a manner which in itself does not slight the very purpose of its efforts. The approach taken focuses on the major components of the process and on those lending themselves more easily to provoke affront to the right of fair trial. A micro-case study of each component is undertaken to conclude whether it satisfies the threshold set by fair trial requisites. This enables an ultimate verdict in respect of the Maltese trial by jury comprehensively considered. Amongst the aspects critically evaluated are those relating to the jury, the judge, the Attorney General, the verdict and the potential for appeal. Any findings in respect of potential violations are made whilst bearing in mind the absence of practical and effective means of redress or of sufficient guarantees ensuring the overall fairness of the trial. The ultimate finding as to the conformity of the Maltese trial with Article 6 has also been made after careful consideration of the potential for practical and effective redress at appellate stage. In light of the fact that this work is intended to prompt and suggest reform, various proposals have been made where necessary. This has been done in the hope that this work is able to contribute to our system of criminal justice.