Impossible to prepare defence from prison cell, disbarred lawyer tells court
Disbarred lawyer Patrick Spiteri yesterday insisted that it is impossible to work on a proper defence from behind the bars of a prison cell. Spiteri stands charged with fraud, misappropriation of funds and falsification of documents and is currently being held in preventive custody at the Corradino Correctional Facility. Spiteri allegedly misappropriated €7.4 million.
With handwritten notes in hand, Spiteri took the witness stand and pointed out the reasons why he should be granted bail. He argued that behind bars he had no access to files relating to the case and that the environment at the division he is currently living in “makes it impossible” for him to work.
“I want to defend myself properly. I have over 350 boxes locked up in a property in Gwardamanġa and some 90 boxes in court. It is simply impossible to work on a proper defence while in prison with so many boxes scattered around,” he told the magistrate this morning.
Magistrate Consuelo Scerri Herrera had, in previous sittings, granted him access to documents. However, Spiteri, represented by lawyer Stefano Filletti, is now arguing that having access to these files is useless when he is locked up in prison.
Spiteri said that the property in Gwardamanġa was only two doors down from his parents’ home and if he were allowed to live there he would have access to all the documents.
“I have been spending more than two to three hours a day looking into the boxes. I have to write and document everything by hand.”
The prosecution, led by Assistant Commissioner Ian Abdilla, said that the accused could photocopy the documents and take them with him in prison. But Spiteri insisted that there are thousands of pages and it would be “an incredible task” to photocopy them all. He also argued that the files contain very confidential information and it would be dangerous to make more copies. “And it would not be ideal for the environment, printing all that paper,” he added.
“Even if I manage to get them to prison, where am I going to put them all? And what about the cockroaches? I always avoid keeping cardboard boxes in my cell because of insect infestation.”
Spiteri then went on to explain his health issues.
“I get very frequent headaches and need constant access to medication. Every time I take my medication late, I end up losing the medication cycle and have to start over. Smoking in the division is affecting my health. I get skin lesions, my eye hurts and I get frequent diarrhoea. The heat inside is unbearable but at the same time, I cannot open the door because of the smoke coming in and the noise of the loud music constantly playing. That prison cell is making my health worse.”
The magistrate noted that the court still needs to hear the testimony by the doctors on the case.
Lawyer Stefano Filletti is appearing for Spiteri.
The case continues on 13 September.