Three of the suspects charged with Daphne Caruana Galizia’s murder and the fatal shooting of Birkirkara lawyer Carmel Chircop are to remain in preventive custody, a court has decreed. 

The decision followed a request for bail by Tal-Maksar brothers Robert and Adrian Agius and Jamie Vella whose lawyers argued earlier in the week that proceedings could no longer be described premature since 107 witnesses had already testified.

Moreover, other persons charged with similar offences had been released from preventive custody, the defence argued during Wednesday’s sitting in the ongoing compilation of evidence against the three suspects and George Degiorgio. 

Yet, when assessing bail submissions, the court lent great weight to the very serious nature of the charges at stake and the level of public disorder likely to be sparked if the accused were to be released.

In the first place, Magistrate Caroline Farrugia Frendo observed that the right to bail was not automatic but always subject to guarantees in terms of law. 

Moreover, the proces verbal in the Chircop murder case had not yet been concluded.

That document, together with the corresponding one linked to the Caruana Galizia murder inquiry, were still to be exhibited in the records of the proceedings so that the Attorney General might subsequently indicate further witnesses, observed the court.

Although over 100 witnesses had testified, the state of proceedings had not changed much and the real risk in terms of law was still perceived by the court, “at least at this stage”.

Bail was being requested merely four-and-a-half months since the arraignment and that term was not too long when considering the gravity of the charges, observed the court.

That gravity was always to be taken into account by the court when striking a balance between the nature of the accusations and the continued detention of the accused, also bearing in mind the public disorder that could be sparked if the accused were to be released from custody. 

Had the legislator intended otherwise, he would not have mentioned the notion of gravity of the offence and would have opted to remain silent, the court said, turning down the request in respect of all three co-accused. 

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