A healthcare worker who allegedly set fire to his ex’s garage door has been denied bail in spite of arguing that his services in hospital were currently “more essential than ever.”
Lawyers for Jimmy Mifsud had filed an urgent application for bail before the magistrates’ court in Gozo arguing not only upon the basic presumption of innocence but also stressing that since Mifsud is a healthcare worker in hospital, his services “are far more essential than ever,” given the COVID-19 crisis.
In a decree delivered in chambers, Magistrate Joseph Mifsud observed that this was a case of domestic violence wherein the accused had ended up under preventive custody after allegedly burning down the garage door of his ex partner’s home after she had reported him to the police for harassment.
Mifsud had other past convictions, the court observed, remarking that “violence within the family is always condemnable and can never be justified, whatever the circumstances sparking the violence.”
Citing case-law, the court said that domestic violence was not merely a private issue to be contained behind closed doors but a public matter that gave rise to problems in society.
In a lengthy decree highlighting principles of local and EU case-law, Magistrate Mifsud explained that bail was to be denied when there existed the risk of absconding, possible interference in the course of justice, as well as in view of the need to prevent crime, preserve public order and to protect the defendant.
In this case, these factors existed, said the court, further making reference to a recent judgment by the Constitutional Court emphasizing the “positive obligations of the state to ensure respect of private and family life.”
As for the accused’s right to personal freedom, the court referred to last week’s decree by the Criminal Court, denying Yorgen Fenech bail, wherein it was stated that in the current circumstances “the freedom of all persons in Malta ”have been curtailed to protect public health.
In the light of all circumstances, the court turned down the request.