Mohamed Ali Ahmed Elmushraty, better known by his online name Lilu King, walked out of court a free man on Saturday after his arrest by police on Thursday night was declared illegal.
The decision means that while Elmushraty will still face charges of having deliberately crashed a Mercedes Benz into a buggy while driving without a licence last Thursday, he will do so without the risk of being held behind bars.
Elmushraty is currently out of prison on three sets of bail in separate criminal cases.
This latest incident dates back to late on Thursday night, when prosecuting inspector Eman Hayman was alerted to a car blocking the road opposite Bay Street in Paceville.
A car had apparently crashed into a buggy and an injured man was lying on the road.
The inspector was told that “il-Lilu” was somehow involved. Knowing that Elmushraty was subject to various bail conditions, the inspector ordered his arrest.
Meanwhile, footage from the scene of the accident indicated that other offences had possibly occurred.
The crash “appeared to have been deliberate,” the inspector said, and footage also showed Elmushraty step out of the Mercedes and speak to the buggy driver and a woman, who the inspector said an ex-girlfriend of Elmushraty’s.
As the verbal altercation continued off camera, the voices got louder, said Hayman.
Then Elmushraty left the scene.
The injured man was taken to hospital for treatment, but he “chose to leave” the moment he got to the Mater Dei Hospital foyer.
The inspector said he had tracked the man down and instructed him to present a medical certificate concerning his injuries. The man did not do so and also declined to provide an estimate of damages done to his vehicle, the inspector told the court.
The woman told the police that she “saw no one”.
Elmushraty was arrested at 1:30am on Friday and the inspector said he issued charges – reckless driving, driving without a licence and without insurance, and breaching bail conditions - based on the evidence at hand.
But before even reaching charges stage, defence lawyer Franco Debono asked whether the inspector had informed the duty magistrate about the arrest. The duty magistrate had to be informed within six hours to validate the arrest, he noted, quoting from article 355AJ of Malta’s criminal code.
“There are no ifs or buts,” argued Debono, citing caselaw on this point. There were similar cases, where the scenario was less clear cut, and yet the arrest was declared invalid, he noted.
The prosecutor argued that since Elmushraty was under previous bail conditions, the police could charge him for breach of bail under arrest.
After hearing submissions, Magistrate Nadia Helena Vella decreed that since the duty magistrate had not been informed of the arrest, it was invalid and the defendant was to be discharged.
Elmushraty then pleaded not guilty to the charges. His case will continue while he remains a free man.
Lawyers Franco Debono, Adreana Zammit and Martina Herrera represented the defendant.