Paschalino Cefai loses bail after insulting magistrate and his family

A notorious career criminal has lost bail after insulting a magistrate, his brother and their mother.

Paschalino Cefai was arraigned in a Gozo court on Friday following an incident a day earlier.

The incident took place during a court sitting for a collision where Cefai was the accused and lawyer Mario Mifsud appeared for the victim. During submissions, Cefai made comments and allegations against Mifsud’s brother, magistrate Joe Mifsud.

Cefai claimed the magistrate took a bottle of whisky into the Corradino Correctional Facility and drank it with him.

The police present in the courtroom tried to calm down the situation, but Cefai had to be escorted out.

He asked to be readmitted into the courtroom and apologised for his behaviour.

As the parties made their submissions, Cefai once again began making similar comments, however, shouting that magistrate Mifsud had brought a bottle of whisky into prison.

He called the lawyer, Mario Mifsud, “barri” (“cuckold” - meaning the husband of an unfaithful wife) and alleged their mother, who is 86, “prostitutes herself in Gżira”.

The presiding magistrate tried to stop the accused; however, he became more aggressive, leaving the court with no option but to order the police inspector to investigate him.

On Friday, Cefai pleaded not guilty to a raft of charges including reviling and threatening magistrate Mifsud, threatening and insulting lawyer Mario Mifsud and their mother, as well as breaching the public peace and breaching a set of bail conditions handed down in January 2023.

During the sitting, the court granted him bail.

On Monday, the parties appeared before the Criminal Court after the Attorney General appealed the decision to grant him bail, however. 

'Untrustworthy'

The prosecution said Cefai had breached two other bail conditions, with AG lawyer Daniel Vancell arguing the conditions imposed on Cefai on Friday were not adequate.

The prosecutor observed that the accused had threatened and insulted a magistrate, a lawyer and their mother. He argued that the prosecution did not believe Cefai would abide by the court-imposed conditions.

The lawyer underlined that the proceedings were still at an early stage and the victims had not yet testified. There was also fear that Cefai would tamper with evidence, with his criminal record showing he was untrustworthy, he argued.

Lawyer Lennox Vella, assisting magistrate Joe Mifsud, insisted there was a real fear Cefai would tamper with the evidence. The lawyer referenced another case involving Cefai, where he had stabbed another man in a courtroom.

“He was escorted out of the courtroom and brought in again. However, he did not behave and instead caused this ruckus,” Vella argued, adding: “He does not even know what a court order is!”

Vella added that the minutes of the court sitting showed there were civilian witnesses, including the presiding magistrate herself.

Lawyer Nicholas Mifsud made similar arguments, noting that neither the court building nor a presiding magistrate had prevented Cefai from behaving the way he did.

Case 'went out of hand' - defence

Legal aid lawyer Simon Micallef Stafrace countered that this was a collision case “that went out of hand”.

“I cannot understand how magistrate Joe Mifsud featured,” Micallef Stafrace said, arguing the incident must be seen in its entirety. He argued that most of the witnesses were court staff, judiciary and inspectors, saying, “if these are going to be influenced by him [Cefai] then we really hit rock bottom.”

He argued that bail should not be revoked.

Madam Justice Consuelo Scerri Herrera ruled that bail should be revoked.

The court held that the Court of Magistrate was wrong when it exercised its discretion to grant Cefai bail, saying it had not considered the facts of the case at hand. It referred to the man’s “voluminous” criminal record featuring several offences and punishments including fines, suspended sentences and effective prison terms.

The Criminal Court deemed Cefai untrustworthy, adding that at such an early stage he would obstruct the course of justice.

The court annulled the decision by the Court of Magistrates and ordered Cefai’s rearrest. He was remanded in custody.

Cefai is a notorious career criminal with a long and colourful criminal record. He has served time for stabbing a person inside a courtroom and faced charges of having threatened to kill a magistrate and police inspector, importing cocaine and assaulting a burglar who broke into his home. 

The target of Cefai's insults, lawyer Mario Mifsud, is himself no stranger to controversy. He was previously arraigned twice over threats but in both cases the alleged victims withdrew their complaints. He is also facing charges for having allegedly bitten his client's nose. 

Madam Justice Consuelo Scerri Herrera presided over Tuesday's case. 

AG lawyer Daniel Vancell prosecuted assisted by police inspector Keith Xerri.

Legal aid lawyer Simon Micallef Stafrace assisted Cefai.

Lawyer Lennox Vella appeared for Magistrate Joe Mifsud.

Lawyer Nicholas Mifsud appeared for lawyer Mario Mifsud.