'Prison escape' charge fails after court throws out CCTV evidence

A man who had sparked a police manhunt after escaping custody in Valletta has been sentenced to one month in detention, following a court ruling that strictly defined the legal boundaries of a "prison escape" and saw crucial CCTV evidence discarded over procedural failures.

Ashraf Elshenawy, a 28-year-old Egyptian who is married and lives in Naxxar, was first arrested and arraigned on May 21 on charges of raping a woman with whom he was allegedly having an affair. He is pleading not guilty. The court denied him bail and ordered that he be taken to Corradino Correctional Facility. But before he could be admitted to prison, Elshenawy escaped police custody in Valletta at around 3.45pm.

The escape

The court heard that the accused complained his handcuffs were too tight and causing him discomfort. In response, the police officer loosened the cuffs slightly to alleviate the distress. As they exited the main entrance of the Law Courts, the officer escorted the accused along Santa Luċija Street. Upon reaching the vicinity of the Embassy Cinemas entrance, Elshenawy suddenly broke free and ran away. Despite repeated orders to halt, the accused ignored the officer and fled into the city streets.

He was eventually caught at 9.17pm that same day. Police said he resisted arrest and again tried to escape custody before he was eventually detained. 

Elshenawy was subsequently charged with escaping police custody, disobeying the lawful orders of a public authority, breaching the peace, and running dangerously through the streets.

Compilation of evidence

During the compilation of evidence, the prosecution argued that CCTV footage, eyewitness testimony, and the accused's own statement left no doubt that an escape had occurred. They contended that the legal concept of escaping custody applies to a person being escorted by police, not just someone already registered inside a prison facility, and requested an effective prison sentence.

The defence argued that the prosecution had failed to prove the constituent elements of a prison escape. They maintained that the accused was not legally a "prisoner", nor had he been registered or held in a designated place of custody.

Magistrate Nadine Sant Lia had to determine whether an individual escorted to prison after being denied bail, but not yet formally registered or admitted, fell under the statutory definitions of escape under Maltese law.

The defence raised serious doubts regarding the chain of custody of the digital recordings.

The Court agreed, ruling that establishing the physical custody of the footage was not enough. The court stated that the prosecution was still required to prove its authenticity and integrity. Magistrate Sant Lia noted that the prosecution failed to bring forward independent evidence, such as testimony from the business owners who provided the footage, to confirm they had granted access to their systems, or that the files were unaltered and faithful of the events. Furthermore, the court said that no independent expert was appointed to examine the footage or extract verified stills.

The court reminded both parties that "in criminal proceedings, it is essential that evidence is managed in a way that guarantees the impartiality of the prosecution and protects the rights of the accused. When investigators are also the ones producing and processing evidence without independent supervision, it can prejudice the sense of justice and raise legitimate doubts about the objectivity of the process."

The Court deemed the CCTV footage, and the associated stills inadmissible.

Magistrate Sant Lia acquitted Elshenawy of the escape charge, as well as the charges of breaching the public peace and running dangerously through the streets. However, he was found guilty of failing to obey legitimate police orders and was sentenced to one month of effective detention.

Elshenawy was represented by defence lawyer Nicholas Mifsud.