A prisoner is seeking to offset time spent unjustly behind bars while awaiting trial for a holdup case he was ultimately acquitted of against the eight-year prison term he is currently serving for a separate theft.

Jeremy James Farrugia, 34, has filed an application against the attorney general claiming that his right to liberty was breached when he was repeatedly denied bail during the 14-month long proceedings related to his alleged involvement in the holdup at a MaltaPost Pieta’ branch, ultimately resulting in an acquittal.

Ten years ago, a magistrates’ court had ruled that the evidence produced by the prosecution did not prove, beyond reasonable doubt, that Mr Farrugia and the other co-accused Paul Michael Kavanagh were the perpetrators of the holdup.

This meant that Mr Farrugia had suffered a loss of personal liberty from the time of his arrest in November 2006 up to the date of his acquittal in January 2008, several requests for bail being repeatedly turned down.

Three years later, Mr Farrugia was handed an eight-year jail term after being foun guilty of the aggravated theft of cash, electronic equipment and jewellery. The sentence became effective after being confirmed on appeal in 2013.

NowMr Farrugia has filed a constitutional application requesting the First Hall, Civil Court to grant him an effective remedy for his alleged breach of rights.

“A denial of a person’s liberty may only be repaid by granting liberty,” the applicant argued, adding that the time “uselessly” spent under preventive arrest was to be deducted from the current prison term due to expire on January 1, 2020.

This measure would serve as an effective remedy for the alleged breach of his fundamental right to liberty, the applicant argued, further requesting the court to award adequate compensation for the moral damages suffered as a result of this breach.

Lawyer Joseph Brincat signed the application.