A man accused of robbery and the attempted murder of two policemen was handed tougher bail conditions by a court yesterday.
Fabio Psaila, 38, was told he would have to fork out €20,000 as a personal guarantee – double the previous amount – and stay out of Qrendi, Attard, Naxxar and Rabat, where key witnesses live.
The decision to grant bail to Mr Psaila was met with consternation by online commentators, who were quick to point out that Mr Psaila had eluded the police for over a month before finally giving himself up in December 2010. He was wanted in connection with a botched hold-up on the owner of a jewellery shop.
However, legal requirements would have meant that Mr Psaila would have been granted bail automatically at the end of August anyway.
The Criminal Code obliges the courts to grant defendants bail when the compilation of evidence takes too long to be concluded.
For crimes liable to punishments of nine years or more, such as those Mr Psaila is charged with, the limit is set at 20 months. Mr Psaila was set to pass the 20-month mark on August 27, having spent the past 19 months in prison in preventive custody.
Such limits existed to ensure prosecutors did not dally when drawing up their case against the accused, criminal lawyer José Herrera said.
“If such provisions didn’t exist, prosecutors could take forever to wrap up their case. Such time limits are the ultimate safeguard, ensuring people receive a hearing within a reasonable time.”
Attorney General Peter Grech was asked why the compilation of evidence had taken more than 19 months to be concluded.
When compiling evidence, Dr Grech said, the courts did not only hear evidence produced by the prosecution.
“The accused also has a right to produce evidence and witnesses at this stage. In this case, the defence availed itself of that right,” Dr Grech said.
One of Mr Psaila’s defence lawyers, Manuel Mallia, sounded perplexed when asked about the matter.
“In most cases, the defence does not summon witnesses at the compilation stage, though it has a legal right to do so,” Dr Mallia said. “And I can say that this matter has definitely not hindered proceedings in this case.”
According to research undertaken by prisoner advocacy NGO Mid-Dlam Għad-Dawl, 25 per cent of prison’s inmates are awaiting trial.
While most of those have their cases heard and tried within a matter of months, a number of inmates found themselves behind bars for years on end, caught in a sort of legal limbo.
And although caps on the time it took to compile evidence were there to ensure people received a trial within a reasonable time, the system was not working as it should, Dr Herrera said.
“You get cases where the courts are obliged to set bail because of such time limits, only to then set bail at impossible levels,” he said.
He felt that a recent Constitutional Court ruling by Mr Justice Anthony Ellul, reaffirming the need for bail to be set at realistic levels, was “extremely positive”. However, Dr Herrera, a Labour MP, argued that legislation was needed “to make it clear that, when bail is granted in such cases, it must be consonant with the person’s financial means”.