Human trafficking suspect flew to Syria while on bail, doctor and son charged

A man awaiting trial on human trafficking charges managed to travel to Syria while out on bail, despite being granted permission only to visit Romania. 

His unauthorised travel has also led to charges against his son and an Qormi doctor, accused of helping cover up the breach using a false medical certificate.

Hamid Saleh, 48, from Syria but living in Fgura, was arraigned after police discovered he had travelled from Malta to Syria in mid-July, in breach of his bail conditions. He had been authorised by the court to travel to Romania between 13 and 24 July, but police discovered he left Malta on 11 July and flew on to Syria, returning on 20 July.

To conceal the breach, Saleh allegedly arranged for his son, Saleh Saleh, to deliver a fake medical certificate to the police, claiming he was unfit to report for his mandatory bail check-in on 12 July. The certificate was issued by Dr Raymond Fenech, a 69-year-old medical doctor from Qormi.

On Tuesday, both Saleh Saleh, 22, and Fenech were arraigned and charged with making false declarations to a public authority. In Fenech’s case, the charge is aggravated due to his status as a public officer.

Saleh Saleh admitted to handing over the certificate on his father’s instructions, saying he received it before Hamid left the country. His lawyer, Nicholas Mifsud, argued against a prison term, noting that the younger Saleh had no personal gain and fully cooperated with police. Inspector Lydon Zammit confirmed this during testimony, adding that the son’s actions appeared to be motivated by loyalty to his father.

Saleh Saleh was also out on bail at the time, as he is facing different criminal proceedings related to theft and grievous bodily harm. 

The court sentenced Saleh Saleh to an 18-month prison term, suspended for three years, and ordered him to forfeit €1,000 from his €3,000 bail deposit. 

Fenech, who was arrested at his clinic on Monday, was granted bail against a €2,000 deposit and an €8,000 personal guarantee. He must sign the bail book twice a week and observe a curfew. His lawyer, Franco Debono, cited Fenech’s age and medical issues in his request for release. Inspector Zammit had opposed bail, describing the case as serious and alleging that Fenech had enabled someone to "abuse the system".  

Hamid Saleh was arraigned separately and pleaded not guilty to multiple charges, including making a false declaration, using a fake medical certificate, breaching two sets of bail conditions, and violating the Passports Ordinance.

Inspector Zammit told the court that Saleh had obtained a second Syrian passport. The passport, which showed entry into Syria, was found on him when he was arrested at Malta International Airport. He reportedly refused to explain why he had returned to Syria, a country he previously claimed was unsafe, having been granted subsidiary protection in Malta.

Inspector Karl Roberts added that Saleh’s primary ties to Malta are his pending human trafficking trial and his protected status after he claimed that his “life would be at risk if returned to Syria”.  Defence lawyers Alfred Abela and Nicholas Mifsud requested bail, arguing that Saleh had voluntarily returned to Malta and had previously abided by all bail conditions. They also noted that he has a wife and seven children in Malta and a relative willing to act as guarantor.

The court denied bail, stating it had no peace of mind that Saleh would adhere to conditions going forward.

Magistrate Ann Marie Thake presided over the proceedings. Police inspectors Lydon Zammit and Karl Roberts prosecuted. Lawyers Franco Debono and Marion Camilleri appeared for Dr Fenech; Nicholas Mifsud for Hamid and Saleh Saleh; and Alfred Abela and Matthew Xuereb for Hamid Saleh.