Updated 4.10pm, adds bail decree
One of the men alleged to have supplied the bomb that killed Daphne Caruana Galizia had his latest request for bail denied on Thursday afternoon."
In an application filed before the Criminal Court, Jamie Vella's lawyers argued there was no fear evidence would be tampered with and that his "strong ties to Malta" would ensure he does not flee the country.
Vella who stands accused, as an alleged associate of Ta’ Maksar brothers Robert and Adrian Agius, with allegedly supplying the bomb used to kill the journalist in October 2017.
Vella is also charged, alongside George Degiorgio and Adrian Agius, of involvement in the murder of lawyer Carmel Chircop who was gunned down inside a Bkara garage complex in October 2015.
Thirteen months since Vella was arraigned, his lawyers stressed that the compilation of evidence had reached an advanced stage.
There were no other witnesses to testify except for court experts, the lawyers said, and local and European caselaw consistently held that bail ought to be the rule rather than the exception.
Moreover, in this case, since the evidence was preserved in the records, there was no fear that such evidence would be tampered with and nor was there any evidence that Vella had ever tried to interfere with the course of justice, his lawyers argued.
Almost untainted criminal record
Focusing upon the accused’s character, the lawyers pointed out that Vella had an almost untainted criminal record, save for a minor infringement that happened years ago.
The man had strong ties in Malta and was ready to abide by all conditions as deemed necessary by the court.
Various requests for bail by Vella had all been turned down for reasons which never materialized, whereas other persons, accused of murder, had similar requests granted by the courts, went on the lawyers.
Meanwhile, 13 months since his arrest, Vella is still presumed innocent and more time spent under preventive custody will potentially breach his fundamental rights, they argued.
The ultimate aim of these criminal proceedings is to ensure justice is not only done but is also seen to be done and all parties, including the accused himself, has a right to such justice, concluded Vella’s lawyers, asking the court to set a hearing for further arguments to be put forward and to grant bail under adequate conditions as it deemed fit.
But AG lawyer George Camilleri argued that fear of tampering with evidence and absconding had not materialized because bail was denied so far. Besides, investigations were still ongoing, even in respect of Vella.
Vella's lawyers rebutted that it was unjust to have Vella and the other co-accused in preventive custody while other possible suspects had not yet been arraigned.
But Mr Justice Giovanni Grixti denied bail in a decree delivered in chambers in the afternoon.
Lawyers Alfred Abela, Ishmael Psaila and Rene’ Darmanin signed the application.