A couple accused of money laundering after allegedly failing to declare their full income, have had their bail confirmed, following an attempt by the prosecution to have it revoked.
Clint Vella, 35, an unlicensed driving instructor and Sylvana Fenech, a 34-year old hairdresser, were charged and arraigned following a tip-off flagging substantial bank deposits by the couple.
Vella’s financial records indicated a one-time deposit of €90,000 as well as gambling sprees on online casinos, while his partner was depositing some €11,000 monthly.
The couple’s lawyers have argued that this case is purely one of tax evasion, which is normally handled by tax authorities through administrative channels.
Police investigations did not find any trace of criminal activities such as drug trafficking, prostitution, weapons trafficking or any other crime, the prosecuting officer had confirmed.
However, the couple’s failure to declare their full income had sparked the money laundering charge, the prosecution said.
Both accused were granted bail after pleading not guilty to the charges, against a €2,000 deposit, a €20,000 personal guarantee, an order to sign the bail book once a week and to abide by a curfew.
The attorney general filed an application seeking to revoke the couple’s bail.
During a sitting on Thursday, the criminal court, presided over by Mr Justice Aaron Bugeja, heard submissions by both parties.
The AG argued that bail should be revoked due to the risk of tampering with evidence, the fact that civilian witnesses were still to testify and claiming that the bail conditions imposed were not sufficiently strict.
On the other hand, the couple’s defence team, led by Franco Debono, countered that this was a case of tax evasion, involving no organised crime and based on unfounded fears.
Besides, a week had lapsed since the couple had been released from arrest and they had not tried to approach any witnesses or failed to abide by court-imposed conditions, defence lawyers replied.
In a decree delivered on Friday evening, the court confirmed the bail, whilst tweaking the conditions by imposing a more onerous deposit of €5,000, instead of the former €2,000 and ordering the accused to sign the bail book twice a week.
The court said that it was making bail conditions more onerous to discourage the accused from speaking to any witnesses or breaching any other bail conditions. If they were to do so, there would be "no turning back the clock to fix the harm done to the course of justice," it said.
Lawyers Franco Debono, Marion Camilleri and Francesca Zarb are assisting the couple.
Inspector Oriana Spiteri is prosecuting.