Spiteri violated serious bail condition - AG, police commissioner

The Attorney General and the Police Commissioner yesterday filed a reply to a constitutional application filed by lawyer Patrick Spiteri.

Dr Spiteri is currently being detained in preventive custody after his bail was revoked by the Criminal Court on November 4.

The Criminal Court had concluded that Dr Spiteri had violated the bail conditions imposed by the Magistrates' Court.

Dr Spiteri is now claiming a violation of his fundamental human rights when he was arraigned in court on forgery charges and by the fact that he could not be released on bail a second time.

The authorities yesterday submitted that Dr Spiteri had been arraigned in court on serious charges and at no time during his arrest had he complained of the legality of his arrest.

The fact that Dr Spiteri had been arraigned in court under arrest, rather than being summoned by writ, was not in violation of any provision of law protecting the fundamental human rights of the individual.

Dr Spiteri was arraigned on reasonable suspicion that he had committed a crime and had then been released on bail under certain conditions established by the Magistrates' Court.

Dr Spiteri had however violated a serious condition established for release on bail.

The European convention on human rights provided for the lawful arrest or detention of a person for non-compliance with the lawful order of a court, the authorities argued, calling on the Civil Court to dismiss Dr Spiteri's application.