A kidney transplant patient stuck behind bars was back in court on Monday, as his lawyers continued to fight for him to be bailed as his case plays out. 

Lawyers for Christopher Bartolo, a 36-year-old Fontana resident, told the court on Monday that they had no qualms about chief justice Silvio Camilleri presiding over two separate appeals concerning their client. 

Mr Bartolo has been wilting away behind bars while his lawyers strive to obtain his release.

Last April, Mr Bartolo was condemned to a five-year jail term and a €15,000 fine by the criminal court after pleading guilty to having trafficked 1.5kg of cannabis.

A request for bail, pending appeal, especially in view of his particularly fragile health, was turned down by a superior court in August.

However, his lawyers filed a constitutional case claiming that the man’s fundamental right to a fair trial had been breached when he was denied access to a lawyer during police interrogation, a claim which ultimately was upheld by Madam Justice Jacqueline Padovani Grima, presiding over the case.

OPINION: The curious case of Christopher Bartolo

In her judgment, handed down in November, Madam Padovani Grima had declared that the applicant’s right to a fair hearing had been breached and had provided for a remedy by affording him the chance to change his guilty plea.

However, that remedy could not be rendered effective since the Attorney General had filed an appeal against the judgment, leading to today’s hearing before the Court of Appeal, presided over by Chief Justice Camilleri.

Mr Justice Camilleri is also presiding over the appeal from the judgment by the criminal court, which had imposed the five-year jail term upon Mr Bartolo.

Appearing before the court on Monday morning, lawyer Franco Debono said the defence team would not be requesting his withdrawal from this case, even though he was also presiding over the criminal appeal.

READ: Stuck in jail despite an invalid confession and failing kidney 

"Since this might be my last opportunity to make submissions before you, I wish to take this opportunity to thank you. We wish you to decide this case. We have full faith in you,” Dr Debono said as he thanked the chief justice for his work. Mr Justice Camilleri is due to retire from the bench in a few months' time. 

These appeal proceedings are due to continue later this month.

Last month, Mr Bartolo's lawyers had written to President Marie-Louise Coleiro Preca asking her to invoke a rarely-cited clause in Malta's criminal code to grant Mr Bartolo bail. 

A spokesperson at the Office of the President subsequently told the Times of Malta that the president was legally bound to follow cabinet's recommendation on such matters, and could not act unilaterally. 

That means Mr Bartolo, whose medical condition has continued to worsen while behind bars, must pin his hopes for being bailed on Prime Minister Joseph Muscat and his cabinet, which has remained silent about the matter. 

By contrast, Opposition leader Adrian Delia has assured Mr Bartolo's legal team that it has "his full support."