DISSENTING OPINION OF MR E. BUSUTTIL

I remain of the view, for the reasons spelled out in the dissenting part of my opinion in the John Murray case (Application No. 18731/91) decided by the Commission on 27 June 1994, that the drawing of adverse inferences from the applicant's silence deprived him of a fair trial and infringed the principle of the presumption of innocence.

Accordingly, I consider that there has been a violation of both paras. 1 and 2 of Article 6 of the Convention.