Man accused of smuggling foreign workers into Malta remanded in custody

A 29-year-old man was remanded in custody after pleading not guilty to smuggling foreign workers into Malta.

Fazil Chembayil, an Indian national living in Paola, appeared before magistrate Nadine Sant Lia where he was accused of computer misuse, smuggling migrants into Malta, making a false declaration under the Immigration Act, among other charges.

Police inspector Marcus Cachia told the court that the police received a complaint from Brian Camilleri claiming that an Indian national – later identified as Chembayil – had gained unauthorised access to the Identità portal using his e-ID credentials.

The suspect allegedly submitted over 52 single work permit applications on Camilleri’s companies without his knowledge.

The police then investigated the applications filed under Camilleri’s name with Identità and obtained the IP addresses used to access the portal. It was then that Chembayil was identified.

The suspect was arrested on August 6.

Defence lawyer Jacob Magri requested bail.

The prosecution strongly objected with police inspector Karl Roberts telling the court that Chembayil’s residence permit is based on his employment. He highlighted that the accused is registered on one compnay but has been illegally working with another company. Given his status, Chembayil is deemed a “prohibited migrant”, Roberts explained adding, that due to these criminal proceedings the man cannot be held at the Detention Centre since there was no prospect of his return to his home country until the proceedings are over.

The inspector said that the only way this could be tackled was for Chembayil to be regularised and given a temporary residence permit, but this would send the wrong message as it could be understood that by committing a crime one would be regularised.

It was also highlighted that the man is not self-sufficient and has been working illegally for the past four months. Chembayil allegedly worked as a truck driver and does not have the necessary licence. Roberts underlined that Identità cannot process Chembayil’s application since he is “illegally” in Malta.

The police inspector also highlighted that one of the main witnesses in the case is Chembayil’s roommate and it would be impossible for him not to contact the witness.

There are also other four witnesses in the case, Roberts said, adding that these would be alleged vicitms in the case that need to testify, and which the accused may contact.

Magri countered that the man has been living in Malta for nine years and has a clean criminal record. He was gainfully employed and tried to seek an alternative employment. However, instead of changing his employer with Identità the man sought to try out an alternative job before changing his documents.

Bail was denied and the man was remanded in custody.

AG lawyer Daniel Vancell prosecuted assisted by police inspectors Karl Roberts and Marcus Cachia.

Lawyer Jacob Magri appeared for the accused.