A 34-year-old man was held in preventative custody on Friday after facing accusations of trading in mobile phones he specifically knew were stolen. 

Miguel Gaffarena was arraigned in front of Magistrate Abigail Critien and accused of defrauding a phone repair company and having knowingly received and sold stolen goods. He was also charged with recidivism. 

The accused told the court he worked as an IT professional and pleaded not guilty to the charges.

The prosecution objected to a request for bail, telling the court that Gaffarena had already been denied bail in another case and was currently in preventive custody. 

This notwithstanding that civilian witnesses, including the person who had stolen the phones and employees of the company he had sold them to, were yet to testify. 

However, the defence countered that the accused’s current state in detention did not preclude him from asking for bail in this case. She said that Gaffarena had a steady job and a fixed address and was willing to submit to the imposition of protection orders to prevent witnesses from the possibility of being intimidated. 

“Every crime is serious, but I don’t think that this is a charge that bail cannot be granted for and he is prepared to abide by any conditions that the court sees fit to impose,” the lawyer said.

The court ultimately decided to reject bail, citing the protection of witnesses as well as the serious nature of the charges. 

The prosecution also requested protection orders for a number of people, including the person who allegedly stole the phone for Gaffarena. 

A request was made for that person, who is currently also in detention at the Corradino Correctional Facility, to be housed separately from Gaffarena. 

The request was upheld by the court which ordered the prison director to ensure that the two men did not communicate while they were both imprisoned. 

Inspector Ian Vella prosecuted. 

Lawyer Martina Herrera appeared for the accused.