A teenager was granted bail after pleading not guilty to trying to run over two Transport Malta officials in September. 

Aden Christian Fenech, a 19-year old from Birkirkara, was escorted to court on Friday following his arrest on Thursday after one of his alleged victims identified the teenager’s vehicle in Ħamrun.

The young man was taken into preventive custody and questioned over the alleged episode which took place on September 3.

The arrest was strongly contested by the man’s lawyers who argued that their client had not been granted disclosure of evidence leading to the charges and he had also released two statements without legal assistance. 

Despite a number of phone calls to police quarters, the inspector had not tendered a copy of the charges, saying that he needed to consult his superiors and that investigations were still ongoing, the lawyers told the court. 

Defence lawyer Ishmael Psaila only got to know that his client had released two statements just before the arraignment.

Such an approach potentially breached the suspect’s fundamental rights, his lawyer insisted. 

Yet, prosecuting inspector Andrew Agius countered that the arrest was justified since the alleged attempt was punishable with imprisonment and the police had exercised their lawful discretion after the suspect had been identified on Thursday. 

As for the statements released under questioning, Psaila claimed that his client had simply been handed a letter delineating his rights without being told that one of his rights was to be assisted by a lawyer. 

After hearing submissions by both parties, the court, presided over by Magistrate Josette Demicoli, declared that the man’s arrest was lawful.

The accused pleaded not guilty to attempted grievous bodily harm, reckless driving, ignoring a ‘no entry’ sign, tampering with the vehicle’s registration marks, breaching a conditional discharge and relapsing. 

A request for bail was objected to by the prosecution, arguing that civilian witnesses were still to testify. 

However, the man’s lawyers countered that he now had a steady job and a stable lifestyle, further stressing that the alleged incident had taken place last month.

The court upheld the request for bail against a personal guarantee of €5,000 and issued a protection order in favour of the two alleged victims. 

Lawyers Ishmael Psaila and Shaun Zammit were defence counsel. 

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