Lilu King's bail revoked by judge following AG appeal
Court overturns decision by magistrate to allow flamboyant personality out on bail
A court on Tuesday revoked bail granted to Mohammed Ali Ahmed Elmushraty, better known as Lilu King, overturning a decision made by a magistrate's court earlier this month.
The Criminal Court made the ruling after the Attorney General filed an appeal against a magistrate’s decision to allow Elmushraty, a flamboyant social media figure involved in multiple criminal cases, out of preventative custody.
On July 11, Elmushraty was granted bail against a €40,000 deposit and a €200,000 personal guarantee. In addition, the court also ordered him to find a guarantor for an additional €40,000 to be granted bail.
The case concerns an alleged assault in which Elmushraty is accused of causing grievous injuries to another man.
The AG appealed the bail decision and on Tuesday morning, the prosecution and defence made their submissions.
The only effective links to the islands are the several cases against him
Prosecutor Maria Francesca Spiteri highlighted the untrustworthiness of the accused, noting that they do not have the peace of mind he would not commit another crime. The AG lawyer acknowledged that the amount required as a bail deposit – including the need for a third party guarantor to cover an additional €40,000 – had increased. However, they felt this was not enough of a deterrent.
“He might not go back to Libya, where he is from, because apparently he is wanted there in connection with murder allegations. But this does not mean he would not try to abscond. The only effective links to the islands are the several cases against him,” Spiteri said, concluding that he had a refractory character.
Defence lawyer Franco Debono highlighted that he had clients charged with homicide in separate cases who had been given less onerous bail conditions.
“One should remember that this case started off with my client being charged with causing the alleged victim slight injuries. It was eventually changed to grievous injuries. All this makes for interesting legal points. However, I have clients accused of murder who have less onerous conditions,” Debono said, adding that the defence did not contest the bail conditions.
“In this case, the court has to decide whether the Court of Magistrates exercised its discretion capriciously,” Debono concluded.
The Criminal Court held that while the presumption of innocence of a person accused is a fundamental principle, the court has to strike a balance. It held that Elmushraty did not offer enough guarantees to overcome the fears voiced by the prosecution.
There was a real fear Elmushraty would not abide by the court-imposed conditions, Mr Justice Neville Camilleri concluded as he revoked the bail decision.
Prosecutors Maria Francesca Spiteri and Jurgen Dalli appeared on behalf of the Attorney General. Lawyers Franco Debono, Adreana Zammit and José Herrera represented the defendant.