Court declares arrest invalid over accused’s temporary Malta address
Police incorrectly listed him as having no fixed address in the country
A man’s arrest has been declared invalid after police incorrectly stated he held no fixed address in Malta.
Ali Hasan Ueso was charged in court with driving without a seatbelt, without a licence or insurance, and driving a car that did not belong to him without the consent of the owner.
Inspector Karen Cassar explained to the court that LESA officials stopped Ueso while he was driving through Triq il-Barrani in Tarxien because he was not wearing a seatbelt.
Police officers who had been on patrol in the area were flagged down to attend to the matter and help identify the man.
The man was taken to the police station and informed of his rights. When he failed to provide identification documents, he was arrested.
Ueso was later escorted to his wife's residence. There, he showed the police his passport document but did not present a driving licence.
The defence counsel contested the validity of Ueso's arrest, arguing that LESA officials had no right to keep a person in place until police arrive.
They also argued that the accused held a temporary residence in Malta, despite the charge sheet stating that he has no fixed address in the country. His lawyers explained that he was in the country visiting his wife and children and was residing at his wife's address during his time in Malta.
The magistrate declared the arrest invalid. Since the accused was living in his wife's residence, the charge sheet should have stated that he held a temporary residence at that address.
The magistrate also stated that the nature of the accusations meant there was no need to charge the man while under arrest.
Magistrate Monica Vella presided over the sitting.
Lawyers Matthew Xuereb and Alex Scerri Herrera represented the accused.