A man accused of attempting to murder his ex-partner’s young daughters almost 10 months ago is being released from custody after his request to vary bail conditions was upheld. 

This after a woman who started a relationship with him three months ago stepped in as a third-party guarantor and committed to a €10,000 deposit "to help him".

Nazzareno Dalli, the 43-year-old defendant, is facing prosecution over the assault that took place on March 9 when the 12 and 15-year-old girls were allegedly attacked by a knife-wielding aggressor whom they identified as “Ronald” - their mother’s ex. 

Doctors later said it was a “miracle” that saved the younger girl who was stabbed 16 times, losing 40% of her blood. Her older sister escaped with slight injuries after slipping past the aggressor and hiding on the roof until police arrived on site. 

Dalli later told investigators he had no recollection whatsoever of the incident and could not even remember being in Marsa at the time of the alleged attack. 

He had been out drinking with friends the previous night and claimed that he consumed drugs and alcohol.

He is pleading not guilty to attempted murder. 

In October, while the compilation of evidence was ongoing, the Magistrates’ Court upheld Dalli’s request for bail after hearing testimony by professionals who reported there had been “a great improvement” in the accused’s behaviour while in jail. 

The Attorney General appealed that decision but the Criminal Court confirmed the bail, stating that there was no reason to vary the decision reached by the Magistrates’ Court.

That decision rested upon a number of stringent conditions, including a €10,000 deposit, twice-weekly signing of the bail book, a curfew, and a €20,000 deposit by a third-party guarantor.

Although his bail was confirmed, Dalli remained in preventive custody because he could not source a third-party guarantor who could produce that sum of money. 

Last month, his lawyers filed another application requesting the court to vary bail conditions to reduce the amount to be deposited by the third-party guarantor. 

Both the accused and his relatives were facing financial difficulties and were in no position to help Dalli as third-party guarantors for that sum. 

The Attorney General objected to the request, underlining the gravity of the crime, the circumstances of the case, the accused’s character, his past history as well as his links within the community. 

The case was appointed for hearing on Tuesday. 

A woman who told the court she had started a relationship with Dalli three months ago, stepped in as a third-party guarantor, insisting she was willing to help him.

She was prepared to deposit €10,000 in the court registry, explaining she had received the money by way of a donation from her father. 

After hearing that testimony, Madam Justice Consuelo Scerri Herrera delivered a decree whereby the €20,000 deposit to be produced by the third-party guarantor was halved while all other bail conditions remained unchanged. 

The court always had to bear in mind the financial means of the accused, observed the judge.

It was clearly evident that Dalli had “very limited means”. The deposit had to reflect the accused’s personal situation. 

The court had to afford equal treatment to all and thus the bail deposit had to be tailored according to the defendant’s condition, the nature of the crime and the relative term of punishment.  

Such criteria placed all defendants on an equal footing, having the same opportunities, advantages and disadvantages when requesting bail. 

The law certainly did not want to make it easier for someone who had financial means to get bail.

The guarantee imposed for bail purposes was meant to make the defendant realise that if he failed to abide by court conditions, he would not simply forfeit his liberty but also his valuables. 

Moreover, the court had to consider not only the defendant’s financial condition but also his social status, his dependence on others, his work and any other activities he engaged in. 

Dalli had been under preventive arrest for almost 10 months. Although he was employed, the nature of his employment was not known. 

And although he was granted bail in October, he lacked the means to satisfy all bail conditions. 

He did not appear to have an issue with paying a €10,000 deposit.

But he had a problem with finding a third-party guarantor who could deposit a further €20,000 in court. 

In light of all considerations and evidence put forward, the court upheld Dalli’s request by halving the sum to be deposited by the third-party guarantor until final judgment.

All other bail conditions remained unchanged. 

AG lawyers Etienne Savona and Manuel Grech are prosecuting.

Lawyers Franco Debono, Arthur Azzopardi, Mario Mifsud, Jacob Magri and Nicholas Mifsud are defence counsel.