Judges request easing of bail condition

The two judges charged with bribery yesterday called on the Magistrates' Court to relax the bail condition that they do not leave their house unless by court order, arguing that it had only been meant as a temporary measure.

Lawyers for former chief justice Noel Arrigo and Judge Patrick Vella argued that the condition had been set at the arraignment on August 4 to bridge the extremities of the positions taken by the prosecution and defence, the prosecution for preventive arrest and the defence for bail.

They said it was now time to relax the condition because, in the six weeks since the original ruling, the prosecution had summoned most of its witnesses, the judges had observed all their bail conditions and there was no report of any tampering of evidence.

Dr Joseph Giglio, for Judge Arrigo, said his client's case ought to be treated just like all other cases and his client had no objection to the introduction of other bail conditions on the revocation of the condition commonly known as 'house arrest'.

Yesterday's request for the alteration of the bail conditions was made in the compilation of evidence against Judge Arrigo 52, of Siggiewi and Judge Vella, 58, of San Pawl tat-Targa.

Yesterday's sitting was held after the Magistrates' Court requested leave from the President to extend the judicial time limits of the compilation of evidence by a month.

Judge Arrigo and Judge Vella are pleading not guilty to two counts of bribery and one of revealing official secrets in connection with a judgment handed down by the Court of Criminal Appeal against drug trafficker Mario Camilleri on July 5.

The charges are aggravated by the fact that they were public officers duty bound to prevent crime.

The prosecution in their case, led by deputy attorney general Silvio Camilleri, yesterday objected to their request.

Dr Camilleri argued that the defence's claim that no evidence had been tampered with only went to show the effectiveness of 'house arrest'.

From experience, he could say that the fact that a witness had already testified did not necessarily rule out the possibility that he would be influenced.

Magistrate Micallef Trigona said he would give a ruling in camera.

He earlier heard the director of Security Services, Herbert Agius, explain how his department had learnt that there was "some kind of arrangement for money to change hands in return for an alteration in some appeal judgments".

Agius said the Security Services had been investigating a case of drug importation when they learnt of the plan.

He had passed on the information gleaned by his department to the police commissioner on July 7 and a few days later gave him a copy of the registration of telephone conversations and their transcripts.

Meanwhile, lawyers for the judges yesterday objected to the introduction of a registration of the telephone conversations and transcripts for the record.

Magistrate Micallef Trigona also heard brothers Vincent and Gaetano Fenech, car dealers, Stephen Agius, a court marshal who had been detailed to attend to Judge Vella and Alan Bonnici, a heavy truck driver who had worked as the driver to successive chief justices for the past 10 years.

He also heard Renato Zampa, the son of a jewellery shop owner who told Bonnici about the arrest of Anthony Grech Sant, and Mario Vella, the director of Cross Keys Bar and Restaurant, where a meal had been held for court staff some time in July.

The six witnesses had previously been heard by Magistrate Noel Cuschieri in the case against Mario and Pierre Camilleri, Anthony Grech Sant and Joseph Zammit.

The case continues next week when Magistrate Micallef Trigona has said he will hear in open court the telephone conversations exhibited by the police.

Police Commissioner John Rizzo, Deputy Commissioner Joseph Cachia, Assistant Commissioner Michael Cassar and Superintendent Pierre Calleja are prosecuting with the assistance of Deputy Attorney General Silvio Camilleri.

Dr Joseph Giglio and Dr George Abela are representing Judge Arrigo while Dr Toni Abela, Dr Michael Sciriha and Dr George Cutajar are representing Judge Vella.