Magistrate rules arrest "not illegal"

A magistrate yesterday ruled that the arrest of drug trafficker Mario Camilleri, 40, and his son Pierre, 20, was not illegal because it originated from a Magistrates' Court's ruling based on the country's existing laws.

Magistrate Giovanni Grixti turned down the Camilleris' request for unconditional release filed last Friday.

The Camilleris are pleading not guilty, with Anthony Grech Sant, 55, and Joseph Zammit, 57, to trading in influence and aiding and abetting in the bribery of two judges.

The four men were denied bail at their arraignment after Magistrate Abigail Lofaro took into consideration the fear that they would escape, the fear that they would tamper with evidence and the nature and seriousness of the charges they faced.

But the Camilleris argued that Magistrate Lofaro should have never taken into consideration these issues because the law stipulated only that they guarantee their appearance in court.

But the attorney general said the Camilleris had based their argument on a misreading of a section of the law.

The law states that "any accused person who is in custody for any crime... may, on application, be granted temporary release from custody upon giving sufficient security to appear at the proceedings at the appointed time and place."

The defence, the Attorney General explained, was misreading the word "may" as "must".

But, he added, the section cited by the defence was immediately followed by another section that laid down that bail may be granted only after several factors were taken into consideration.

These factors, which the court had to take into consideration, included the fear that the defendant would abscond, would not appear for future sittings and would tamper with evidence among other things.

Dr Borg Barthet added that the law made it clear when bail should be granted.

After hearing the legal arguments of both parties, Magistrate Grixti ruled that the section of the law stating that an accused person may be granted bail upon giving sufficient security to appear at the proceedings, was naturally followed by another section laying down which factors the court was to take into consideration in granting bail.

Meanwhile, Magistrate Noel Cuschieri denied Grech Sant's request for bail and ordered that the ruling given by Magistrate Lofaro was to remain effective.

Grech Sant filed a second application for bail last Wednesday, two days after he was denied bail after a first request at his arraignment on Monday.

The applications were signed by Dr Joseph Brincat for Grech and Dr Franco Debono for the Camilleris.

Attorney General Anthony Borg Barthet signed the replies in both cases.