A man who allegedly sprinkled fuel over a berthed vessel that was set alight by means of a burning ball flung aboard by an accomplice was denied bail after pleading not guilty to complicity in the arson.
Olivend Xuereb, a 38-year-old Buġibba resident, was charged over his alleged involvement in the crime which took place on July 28 last year when a boat, berthed along the Tigné seafront, burst into flames.
The fire had been put out by third parties who intervened promptly.
Investigations by the police arsons’ unit together with officers from the Sliema district kicked off and CCTV footage from the area was checked.
The footage, along with other evidence, led investigators to identify two people who had approached the vessel that night.
Last year, Wayne Delia and Xuereb were arrested as the suspects who had carried out the arson attack.
But although charges had been issued against Delia, the police did not, at the time, have enough evidence to prosecute Xuereb.
However, while proceedings against Delia were ongoing, the accused had sought permission from court to speak to the prosecution and, last month, released a statement to the police, shedding more light on the case.
He subsequently confirmed that statement on oath before the magistrate presiding over his case and was sentenced.
According to that information, Xuereb’s role was to sprinkle a jerrycan of fuel over the vessel, while Delia then aimed a burning fuel-soaked ball onto the boat to set it on fire.
That information proved sufficient to press charges against Xuereb who on Wednesday pleaded not guilty to complicity in the arson as well as willfully damaging third party property.
He was further charged with committing perjury when testifying against his accomplice in 2022 and with relapsing.
The man, who described himself as a maintenance worker, a part-time security guard and a volunteer, requested bail.
His lawyer, Sarah Tua, argued that the evidence concerning the main investigation was already preserved and there was hardly any risk of tampering.
Moreover, the accused had three jobs, posed no risk of absconding and his previous brush with the law had taken place some eight years ago.
The prosecution objected to bail because of the gravity of the charges and the fact that civilian witnesses, including the accomplice and his girlfriend, were still to testify.
The woman was an eyewitness who could be intimidated, argued AG lawyer Daniel Tabone.
The accused also had an unruly character, having in the past committed several thefts.
After hearing submissions, the court, presided over by Magistrate Kevan Azzopardi, denied the request since the accused’s criminal record showed that this was not his first brush with the law.
It appeared that he had thrown away the opportunity to reform and found himself back in court, observed the magistrate.
The court lacked peace of mind that the accused would abide by conditions if granted bail.
AG lawyer Joseph Camilleri Azarov also prosecuted, together with Inspectors Mario Xiberras, Jeffrey Scicluna and Colin Sheldon.