A police sergeant, held under preventive custody since April following his arraignment for allegedly raping the victim of a burglary he was meant to assist, has been granted bail.
The decision was delivered on Monday following a fresh application filed by Glenn Carabott, the 40-year old officer who is pleading not guilty to non-consensual sex with his alleged victim, taking a video of the encounter and committing a crime he was duty-bound to prevent.
He was denied bail at the arraignment stage and has been in preventive custody ever since.
While proceedings continue before the Magistrates’ Court, Carabott’s legal team filed a new application before the Criminal Court pointing out that three months since the arraignment, all civilian witnesses have testified, thus reducing the risk of tampering with evidence.
Over these past months, the accused was unable to care for his elderly mother, argued the lawyers, stressing the fact that Carabott had a clean criminal record, had strong ties in Malta and had a fixed address.
After hearing submissions by both parties, the court, presided over by Mr Justice Aaron Bugeja, upheld the request under various conditions, including daily signing of the bail book and a ban not to go anywhere near St Paul’s Bay or Qawra or within 50 metres of the coast or airport.
Bail was granted against a deposit of €5,000, a personal guarantee of €5,000, daily signing of the bail book and under the terms of a protection order barring him from approaching or attempting to communicate with the alleged victim in any manner.
That order was effective until final judgment and its breach could result in a €7,000 fine, a maximum two-year jail term or both.
Inspector John Spiteri is prosecuting.Lawyers Edward Gatt and Ishmael Psaila are defence counsel. Lawyer Rene Darmanin is appearing parte civile.