Two brothers of Paceville entrepreneur “Lilu King” were denied bail two days after they were arrested in the corridors of the Valletta law courts, minutes after a witness in their brother’s case claimed that they had tried to influence his testimony. 

Mohaned Ali Ahmed Massarati, a 31-year-old Libyan-born holder of a Dutch passport and with Maltese asylum status, was escorted back to court alongside his 26-year-old brother Mahmoud Mustafa Mohammed Aldabah, also Libyan-born.

The two were jointly charged with attempting to influence a witness as well as relapsing. 

Both pleaded not guilty. 

Prosecuting Inspector Marshal Mallia explained how the arrests had been triggered by the testimony of a witness during Monday’s afternoon session at the ongoing money laundering proceedings against Lilu King - Mohamed Ali Ahmed Elmushraty. 

The witness, whose name was banned by the other court, had stated under oath that the two brothers had approached him and told him to change his version about a Range Rover vehicle. 

They allegedly told the witness to confirm that the Range Rover was registered in his name and belonged to him.

Following that statement, prosecuting inspectors Tonjoe Farrugia and Mark Anthony Mercieca had stepped outside hall 9, where Elmushraty’s case was being heard, and finding his brothers there, proceeded promptly with their arrest. 

One of the brothers was scheduled to testify on Monday but his testimony was put off following his arrest. 

Massarati said he was a student living abroad and travelling to Malta for short stays, while his younger brother said he was unemployed. 

A request for bail was objected to because of the nature of the charges.

Tampering with evidence was a very serious crime and the witness had confided to the police that he feared the accused. 

Moreover, both accused had a tainted criminal record, one of them having stepped out of jail just a couple of months ago. 

Although in court on Wednesday the elder brother said he had a fixed residence at St Julian’s, he had previously told the police that he was in Malta for a short stay and never mentioned a fixed address. 

As for Aldabah, he was previously staying with Elmushraty at his Portomaso apartment, sleeping on his sofa and after Lilu King’s arrest, claimed to be staying with another person whose name he could not supply. 

Defence lawyer Charles Mercieca rebutted that this was “no serious offence”.

The co-accused’s brother was facing separate charges in a case that had been highly publicised “all over Malta”.

“He [Elmushraty] is contesting the charges… Now the police have decided to arrest them [his brothers] because a witness said that they spoke to him.”

The witness said that they had told him to declare that the vehicle, with registration plate “Lilu King”, was registered in his name as it effectively was, even on Transport Malta records. 

“Or was this just an excuse to arrest them,” argued Mercieca, his arguments strongly opposed by the prosecution. 

The defence also stressed that the witness’s testimony was preserved, recorded, and transcribed, questioning how it could be tampered with. 

After hearing submissions, the court, presided over by Magistrate Rachel Montebello, turned down the request saying that it was not satisfied that the accused had strong ties in society. 

Nor was the court convinced that the fears envisaged by law against the granting of bail, including that of tampering, did not exist. 

Inspector Tonjoe Farrugia also prosecuted. Gianluca Caruana Curran was also defence counsel.