A man facing charges over his involvement in the disposal of the body of Eleanor Mangion Walker, allegedly murdered by her husband a year ago, is still in custody six months after his arrest.
A person must be released pending trial unless the state can show justification for continued detention," argued defence lawyer Giannella DeMarco, when making submissions on bail requested on behalf of Kristian Zekic.
The man is facing charges of having procured and making use of a false passport.
During today's sitting, the defence pointed out that no sittings had been held since March 28 and meanwhile her client has remained in custody.
Moreover, each fresh request for bail was met with a “standard reply” declaring that bail was being denied “for the reasons mentioned by the Attorney General in his reply.” The accused had a right to know the reasons for the refusal of bail, the lawyer argued.
The European Court of Human Rights favoured the release of a person pending trial so long as his continued detention was not proved to be justified
It was also pointed out that even the European Court of Human Rights favoured the release of a person pending trial so long as his continued detention was not proved to be justified.
Not only have no reasons for refusal been given, but even the hearing of the last bail application has taken too long, said Dr de Marco, stressing that four weeks for a decision did not respect the urgency of such bail issues.
Referring to the AG's objections against a constitutional reference on the issue, Dr de Marco noted that these hinged mainly on the argument that the identity of the accused was unknown. The accused’s alias is that of Adam John Niasov, an identity the prosecution is well aware of.
In today's sitting, a representative from Jobs Plus informed the court that although no records for Kristjan Zekic had been found, records under the name of Adam John Niasov had been confirmed.
"Time seems to be of no importance to the AG. But this is taken very seriously by the European court... Time is of the essence to the person whose human rights are being violated,” insisted Dr de Marco, stressing the need for urgency.
The court, presided over by magistrate Aaron Bugeja, declared that it would decree upon the bail request in chambers.
The case continues in August.
Lawyers Giannella de Marco and Stephen Tonna Lowell were defence counsel.
Correction: An earlier version stated that Mr Zekic faced charges related to the disposal of Ms Mangion Walker's body, rather than charges related to a false passport.