Facts
The appellant, Joseph Meichtry, was sentenced to 7 years in prison by the Federal Criminal Court on May 22, 1979, for various offenses, including repeated and continued attempted murder. He filed an appeal against this judgment, requesting that the absolute nullity of the judgment be established and a new investigation be ordered. The Federal Criminal Court dismissed the application, and the appellant filed an appeal with the Federal Court.
The appellant had already filed a request to establish the absolute nullity of the judgment in 2004, but withdrew it after a lawyer was appointed to him. In March 2005, he filed a new application, which the Federal Criminal Court dismissed.
The appellant claimed that the judgment of the Federal Criminal Court of 1979 was absolutely null and void because it was based on a conspiracy against the Divine Light Center (DLZ) and its followers, and that the investigative authorities had conspired against Swami Omkarananda.
Considerations
The Federal Court examined whether the appellant's application for a declaration of absolute nullity of the judgment was admissible. It found that the Federal Criminal Procedure Code does not provide for a procedure to establish the absolute nullity of final judgments of the former Federal Criminal Court, and that only a revision can be sought.
The Federal Court stated that the nullity of a decision must be taken into account at all times and by all authorities applying the law, and that it can also be invoked in appeal proceedings and even in enforcement proceedings. However, it found that the possibility that judgments capable of becoming final may be null…