A magistrate has underlined the rights of society at large, as well as the accused when courts consider requests for bail,

The point was stressed when Herman Sant, 48, was denied bail after being accused in the Gozo court of possession of cocaine and heroin under circumstances indicating that the drugs were not for his personal use.

“The court fears that over the past years, the rights of the accused have been stressed, without sufficient attention being given to all those living within society who also require protection,” Magistrate Joseph Mifsud said.

In his decree, Magistrate Mifsud said that the issue of bail necessarily called for the court to weigh various factors and interests that were not easy to reconcile. The right to personal freedom of the accused had to be considered in the light of the right to life of those who were robbed, beaten and threatened in their homes, streets and shops.

Just as the accused had a right to regain his personal freedom, pending criminal proceedings, so also the state needed to make sure that justice was not hindered, Magistrate Mifsud went on, adding that there was an urgent need for courts to consider not only the right to a fair hearing but also the right to life, in a society which had lost many of its sound human values.

The rights of law-abiding citizens and victims of crime were envisaged in the Constitution, the European Convention and EU directives too.

In this case, after taking note of the gravity of the charges, the accused’s tainted criminal record and the fact that he had breached bail conditions granted in separate proceedings, the magistrate turned down the request for bail.

Inspector Justine Grech is prosecuting. Lawyers Gianluca Caruana Curran and Charles Mercieca are defence counsel.