Lilu King to be arrested, again, after bail is revoked, again

The Criminal Court has revoked Mohamed Ali Ahmed Elmushraty’s bail and ordered his arrest after it upheld the Attorney General’s appeal.

It is the second time that the court has overturned a decision regarding his bail. The decision was handed down on Wednesday by Madam Justice Natasha Galea Sciberras.

Elmushraty, better known as Lilu King, was granted bail on May 16 against a €40,000 deposit and a €200,000 personal guarantee. The 32-year old Libyan national is known as a Paceville entrepreneur and with a social media following where he flaunts his wealth.

The Attorney General appealed the decision, seeking either to revoke bail or increase the €40,000 deposit to an amount that reflects the circumstances of the case.

It argued that Elmushraty is facing serious charges including breaching three sets of bail conditions imposed on him on October 25, 2019; May, 6 2023; and March 18, 2024.

The prosecutor also argued that the accused was likely to reoffend and breach bail again, adding that there was "no peace of mind" he would comply with the conditions imposed by the Court of Magistrates.

The prosecution also highlighted Elmushraty’s “refractory” character and referenced his criminal record.

It referred to a court decree handed down on January 31, and argued that no circumstances had changed to justify deviating from the earlier decision. 

The defence argued that the accused has been in preventive custody for a long time in connection with the case. It also pointed out that four months have passed from when the last decree was handed down. It said the Court of Magistrates considered all the Attorney General's objections and addressed them by imposing onerous conditions on the accused.

It urged the Criminal Court to consider whether the Court of Magistrates decision to grant him bail was manifestly wrong either on a legal or factual basis.

It also outlined how Elmushraty was arraigned on October 20, 2024 and is being accused of causing grievous bodily harm to a man and breaching three sets of bail conditions, as well as offences that amount to contraventions.

The defence observed that prosecuting inspector Eman Hayman declared that he was not objecting to Elmushraty’s bail request, unlike the Attorney General.

The court highlighted that while Elmushraty is still presumed innocent until proven guilty, after he was granted bail on March 18, 2024, he was found guilty by his own admission of breaching that set of bail conditions and another one given earlier in less than three months.

Elmushraty was once again granted bail within four months and subsequently rearrested and accused of breaching his bail conditions.

The court observed that on March 18, 2024, the court imposed several conditions including a €30,000 deposit and a €40,000 personal guarantee, as well as a €10,000 surety.

“It is evident that these conditions were not a deterrent to the accused, and by his own admission he was found guilty of breaching these conditions and those imposed on October 25, 2019,” the court said. It added that during the night he breached the bail conditions, Elmushraty had permission to remain outside his home after curfew hours to attend a particular event.

Moreover, the Criminal Court also took into consideration that during his examination he declared he was a businessman, however, he failed to show that he was employed or had any prospects of income once he is released back into the community.

It observed that while a man testified before the Court of Magistrates in December that he was willing to employ Elmushraty, this did not materialise as “his card was not ready”.

It did not even transpire whether this work opportunity was still available since on March 10, he only testified that he was willing to act as a guarantor.

When reviewing his links to Malta, the court observed that Elmushraty has been living here for many years, however, at present his only link to the country was his pending asylum application. This meant that he was in Malta without a status though not illegally here.

The Criminal Court held that the accused did not offer sufficient guarantees to quell the fears which exist in his regard were he to be granted bail.

It upheld the AG’s appeal and revoked bail granted on May 16, and ordered his rearrest.

The Criminal Court was presided by Natasha Galea Sciberras. Lawyer Maria Francesca Spiteri appeared on behalf of the Attorney General’s Office, assisted by prosecutor Emany Hayman. Elmushraty was represented by Adreana Zammit and Martina Herrera.