Magistrate rejects bail request again

A 15-year-old boy, charged with fatally stabbing a man in a Paceville brawl two months ago, remained in preventive custody after yet another request for bail was denied.

Magistrate Silvio Meli is hearing the compilation of evidence against the boy who is pleading not guilty to the wilful homicide of Brian Tabone, 23, in Dragonara Road, Paceville on March 17 at about 5.45 p.m. and to two counts of illicit possession of a cutting instrument.

The boy`s case is being heard in a hall within the Juvenile Court, in Sta Venera, where the boy sits flanked by his parents on one side and a four-strong defence team on the other.

The boy`s lawyers yesterday called on the magistrate to consider the boy`s age and that he had been detained at the YOURS section of Corradino Correctional Facility since his arraignment, over two months ago. The boy`s detention, they said, was having a psychological effect on both the accused and his family.

They also asked the magistrate to consider that most of the eyewitnesses had already testified and that the seven witnesses who still had to testify had given evidence under oath before Dr Stefano Filletti, appointed by the inquiring magistrate to take their evidence.

Therefore, their testimony had been recorded and there was no fear of it being tampered with, the lawyers argued.

The boy was innocent until proven guilty. That was his fundamental human right that must be safeguarded. Freedom, the lawyers insisted, was the rule, detention the exception.

The magistrate intervened to point out to the lawyers that the boy`s human rights were, in fact, being safeguarded by the court.

The prosecution said that, although it agreed this was a tragic case, two of the seven witnesses who still had to testify were the boy`s relatives. Therefore, there was a high risk that their testimony could be tampered with.

After hearing the submissions made by both parties, Magistrate Meli denied bail at this stage due to the grave nature of the case.

Mario Abraham Baldacchino and Christopher Pullicino chose not to confirm the statements they released to police on March 19. Charges were pressed against them in connection with the same case and they feared they could incriminate themselves.

Michael Scicluna, who is co-accused with Baldacchino and Pullicino, chose to confirm the eyewitness account he gave in the statement.

The case continues.

Police Inspectors Carmelo Magri and Mario Tonna are prosecuting.

Dr Giannella Caruana Curran, Dr Emmanuel Mallia, Dr Michael Sciriha and Dr John Attard Montalto are appearing for the boy.

Dr Melvyn Mifsud is appearing in parte civile for the victim`s family.