An appeals court on Monday confirmed a lower court's decision to grant bail to two soldiers accused of having killed a migrant in a racially-motivated attack.
The lower court's decision had been appealed by the attorney general.
Lorin Scicluna, 22 and Francesco Fenech, 21, had been held under preventive since their arraignment in May, having been accused of fatally shooting Lassana Cisse and grievously injured two other migrants at Hal Far.
Madam Justice Edwina Grima, who heard the appeal, said the court “saw no reason to depart from the conclusion reached by the first court.”
She observed that Magistrate Ian Farrugia, presiding over the compilation of evidence, had taken into consideration all legal circumstances before reaching the decision to grant bail.
Moreover, the conditions imposed upon both accused were “rather onerous” and involved the daily signing of the bail book, a strict curfew and a deposit and a personal guarantee of “considerable amount.”
So far, over the past days since regaining their personal freedom, both accused had abided by those conditions, the court observed, noting further that there was “no real fear of tampering with evidence” and that all the main witnesses had testified.
Furthermore, the Attorney General’s claim that this was a racially-motivated murder was still to be determined, the court said.
As for the AG’s argument that the crime posed a risk of public disorder, the court observed that for this argument to hold water, there needed to exist a “real fear” rather than one that was fantastical or hypothetical.
There had been no public outcry or threats to public security or any risk of tampering the prosecution and investigations in the search for truth, said the court, pointing out that public disorder had been defined as “acts that interfere with the operations of society and the ability of the people to function efficiently.”
Consequently, the court confirmed the granting of bail.
Earlier, defence lawyer Giannella de Marco had argued that the “issue of public order was only relevant for a time and that time had lapsed,” arguing further that trial by public media was “very serious and should not be.”
This case involved a completely different scenario to the Degiorgios case, mentioned by the prosecution, where investigations were still ongoing and had brought about a public outcry.
Defence lawyer Franco Debono had likewise argued that although “we all appreciate the value of human life, God forbid if we are to have trial by public media.”
Moreover, Dr Debono had also stressed that both co-accused had abided by bail conditions and had not attempted to escape or contact any witnesses even after the AG had appealed their bail decree.
Lawyers Franco Debono, Marion Camilleri and Julian Farrugia are counsel to Lorin Scicluna.
Lawyers Giannella De Marco and Stephen Tonna Lowell are counsel to Francesco Fenech.
Lawyer Arthur Azzopardi is appearing for the migrants.