Ruling on migrants' arrest revoked

The Criminal Court yesterday revoked a Magistrates' Court's ruling, declaring an immigrant's detention illegal, on procedural grounds and ordered that the case be heard again.

Chief Justice Vincent DeGaetano ordered that the application filed by 43-year-old immigrant Karim Barboush, who is claiming that his detention is illegal, be sent back to the Magistrates' Court and heard with urgency.

Barboush, who was meant to be released on Monday after Magistrate Antonio Vella ruled that his arrest was illegal, thus remains detained at Hal-Far until the final ruling is given.

The Chief Justice heard how Barboush's lawyers, Andrew Galea Debono, Cedric Mifsud, Michael Camilleri and Katrine Camilleri, filed an application against the Police Commissioner claiming illegal detention on October 13. On the same day the magistrate ordered that the Police Commissioner be informed about the application and the next day the Commissioner filed his reply.

The magistrate then appointed the case to be heard on October 20 but the Police Commissioner was not informed about this. Eventually, the case was moved to October 21 as a defence lawyer was held up on the previously set day.

This, Dr DeGaetano said, demeaned the whole concept of urgency in such an application. In the given context, he added, it was no wonder that only Barboush and his lawyers turned up for the sitting.

Instead of checking whether the other party had been notified about the case, the magistrate put off the case for a decision that was given in chambers five days later, on Monday.

The magistrate ruled that the detention of Barboush, who was awaiting the outcome of an appeal filed seven months ago, was illegal and ordered his immediate release.

However, the Chief Justice explained that such a ruling could not be given in chambers but should have been read out in open court. Only bail rulings could be given in chambers.

Following the magistrate's ruling, the Attorney General filed an application in the Criminal Court contesting the ruling and requesting the re-arrest of Barboush.

After going through the court documents, the Chief Justice explained that it was his duty to ensure that everything went well and according to procedure.

Without going into the merits of the case, he revoked the magistrate's ruling and ordered that the case documents be immediately sent back to the Magistrates' Court which was to hear Barboush's application with urgency and come to a decision after listening to what the Police Commissioner had to say.