Four men were yesterday charged with aiding and abetting Chinese migrants travelling from Malta to Italy illegally last month.

Anthony Muscat, 39, of Birkirkara, his two brothers Simon, 36, and Lawrence, 35, of Mosta and Timothy Gauci, 28, of Attard pleaded not guilty to their involvement and to failing to provide documentation to police on arriving in Malta by boat on the night between March 11 and 12.

Dr Franco Debono, for the four defendants, asked the prosecution to justify why his clients had been arraigned under arrest. The lawyer argued that, in light of the circumstances, the police could have charged the men by citation.

The prosecuting officers explained that the accused had been apprehended by the police when they arrived in Malta by boat on the night between March 11 and 12. The police learnt that Chinese nationals had landed in Sicily illegally that same day so they investigated the four men.

At this stage Dr Debono clarified that this was not the trip during which six Chinese and Mongolians died and another three went missing after allegedly being forced off a boat at gunpoint in the Malta-Sicily strait on Maundy Thursday.

Police Inspector Chris Pullicino went on to explain that during investigations the four men had been arrested and released on police bail three times.

They were last arrested on April 11 and were released on police bail but, in the meantime, police had new evidence in hand.

Last week, a number of Chinese and Columbian illegal immigrants who crossed from Malta to Sicily on March 3 and March 12 were sent back to Malta by the Italians under an agreement between the two countries.

Police felt they had to arraign the men under arrest to ensure that evidence would not be tampered with.

After a lengthy submission on the subject, Dr Debono asked the magistrate to grant bail to the defendants. He argued that they were to be considered innocent at this stage and reminded the court that they had respected the conditions laid down during police bail.

But the prosecution objected to the bail request due to the nature of the crime and the risk of contamination of evidence.

Magistrate Abigail Lofaro turned down the request for bail at this stage.

Police Inspectors Pullicino, Sandro Zarb and Mario Haber prosecuted.

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