One of the men awaiting trial over the murder of Daphne Caruana Galizia has made a fresh bid for bail, arguing that he deserved no less than was granted to other persons also accused of serious crimes.

Lawyer Arthur Azzopardi, representing the accused Vincent Muscat, pointed out in submissions before the criminal court on Tuesday that the average term for the granting of bail was three-and-a-half months after an arraignment.

In this case, the 20-month limit had been exceeded and the prosecution was still objecting to bail, arguing that investigations were still ongoing and that the accused’s release from preventive arrest could give rise to tampering with evidence.

Mr Muscat, along with brothers George and Alfred Degiorgio, was arraigned in December 2017 and accused of the car bomb murder of Caruana Galizia the previous October. All three have been behind bars since. 

Dr Azzopardi produced a long list of people accused of murder and other serious charges who had been granted bail before the lapse of 20 months, mentioning Liam Debono, Gerald Galea, Brian Cini, Paul Farrugia and Joseph Cutajar by way of example.

The lawyer insisted that the court could impose adequate conditions to counter the risk of any possible tampering, but the prosecution could no longer hide behind the claim of ongoing investigations to deny the accused his rights.

Even the Strasbourg Court upheld this view, Dr Azzopardi argued.

The court’s decision is expected in the coming days.

The Degiorgio brothers had themselves seen a fresh application for bail turned down in July.  

The court had acknowledged that the situation “could not persist indefinitely” but deemed the Attorney General’s objection was still “justified.” 

In May the court denied another request for bail, citing public order concerns.

Madam Justice Edwina Grima ruled that although a person was presumed innocent until proven guilty, the granting of bail was not an automatic right.

Citing four principles evolved by the European Court of Human Rights, the court pointed out that bail was to be withheld if there was a risk that the accused would fail to appear for trial, if the accused acted in a manner to prejudice the administration of justice, if they committed further offences, or if they caused public disorder.

Stating further that “the circumstances of this case are far wider than what appears from the court records,” the court noted that the inquiry into the murder of Daphne Caruana Galizia was still actively ongoing.