Two persons allegedly linked to a human trafficking racket were remanded in custody on Wednesday while four others, who admitted to assisting their “smuggled” relatives, including a mother with a 4-month old baby, were handed a suspended sentence.

Roger Mangion, a 64-year old pensioner from Birzebbuga and Mohamed Derbel, a 46-year old Tunisian sailor resident in Birkirkara, pleaded not guilty to involvement in a criminal organisation linked to the trafficking of persons in or out of Malta.

The court was told that police investigations were sparked by the arrival of a boat ferrying illegal migrants at Delimara on September 14 at around 3.30am, disembarking the group near the power station.

The police investigated calls made in the area at the time of the incident, successfully tracking down one number linked to a foreign national who was arrested and arraigned on September 20, admitting to his involvement in the racket.

The man later testified, saying that he had been acting on Derbel’s instructions.

During Wedneady's arraignment, the prosecution said that the boat involved in that incident was the Madonna tal-Karmnu I which was registered in the name of Mangion.

Derbel was subsequently identified as the captain by a crew member and was taken into detention by the Principal Immigration Officer after claiming that he did not have a passport and refused to provide his address in Malta.

A removal order was issued in his regard since his identity could not be confirmed.   

He was detained at Safi detention centre under order of the immigration authorities, pending processing of his asylum application, and not in relation to the human trafficking case, explained prosecuting Inspector Karl Roberts.

An attempt by his lawyers to obtain his release, claiming that his detention was unlawful, had subsequently been thrown out by another Magistrates’ Court.

Further investigations linked to the human trafficking case with Derbel, and he was arrested on Monday.

His lawyers strongly contested the arrest, saying that police had on the one hand issued an order for his removal whilst now pressing criminal charges against him.

However Magistrate Marse-Ann Farrugia, ruled that the arrest was valid since there had been an arrest warrant that was executed in relation to these charges and the man was arraigned within 48 hours.

Derbel’s lawyers, Jose Herrera and Matthew Xuereb, reserved their position to seek a constitutional remedy on this issue.

A request for bail by Mangion’s lawyer, David Farrugia Sacco, was objected to in view of the gravity of the charges concerning crimes that allegedly took place over months.

Moreover, there was a considerable number of civilian witnesses still to testify including people who had sold boats to Mangion and others who lived in his locality.

The court upheld those objections and denied Mangion bail.

The same objections were voiced in respect of Derbel.

The prosecution rebutted the defence’s argument that if granted bail, Derbel would still be held at the detention centre.

If his pending asylum application were to be dropped, Derbel would be a free man, pointed out Roberts.

The prosecution said the police had found photos on the accused’s phone indicating that he was in Libya recently. He had stayed in Malta for ten years as an illegal immigrant, with no family and no ties on the island. Moreover, he lived in a seaside town with close contact to sea vessels every day.

After hearing submissions by both parties the court again denied bail.

After a brief interval, four Syrian nationals, whose names were banned under court order so as to avoid prejudicing ongoing investigations, were arraigned next.

The court heard that all four accused had called relatives after illegally disembarking on Maltese shores, going to meet them in the middle of the night to ensure them a safe home.

The men’s defence lawyers explained how one of the accused had gone for his wife and 4-month old child, while another had called for his brother.

Without condoning what they had done, there was no financial gain by the accused, the court was told.

The prosecution also confirmed that all four had cooperated with police and their roles were different to the other two persons arraigned previously, as reflected by the charges.

The men registered an admission to assisting persons to enter the island illegally and breaching immigration laws.

The court condemned them each to a one-year jail term suspended for three years.

Inspectors Lydon Zammit and Karl Roberts prosecuted.

Lawyer David Farrugia Sacco was counsel to Mangion.

Lawyers Jose Herrera, Matthew Xuereb and Kristina Camilleri Deguara were counsel to Derbel.

Lawyers Alfred Abela, Noel Bianco and Mattia Felice were counsel to the four accused.