When Daniel Muka was arrested in connection with the shocking murders of a Sliema couple, he was already a suspect in an audacious jewellery heist and the attempted murder of two policeman. 

So why, despite being an allegedly dangerous criminal, was he allowed to roam free?

Malta’s laws do not discriminate against people and the crime they are accused of committing. Suspects accused of heinous crimes such as murder are subject to the same bail criteria as those accused of committing petty crimes. 

The 25-year-old Albanian man, was arrested in connection with the double murder of Christian Pandolfino, a doctor who moved to investment banking in London, and his art-collector partner Ivor Maciejowski last week. Both men were fatally shot inside their Sliema home, in what is believed to have been a four-minute operation involving three men. 

Why was Muka out on bail?

Muka was out on bail as he faces separate proceedings over a 2017 robbery on a jewellery store in Tigné and the attempted murder of two police officers who he allegedly tried to shoot during his arrest. 

Sources familiar with the case told Times of Malta that Muka was granted bail by the Superior Court after having been repeatedly denied bail by Magistrate Yana Micallef Straface in the Magistrates' Court.

He is understood to have never faltered on bail conditions set by the court, which included having to sign a bail book on a regular basis. 

Muka was granted bail after all the main witnesses in his case had testified and the court saw that there could be no tampering with evidence. 

The details of the bail decision are not publicly available and are usually only provided to the prosecution and the defence. 

Should such suspects be granted bail?

Legal experts say that the bottom line of all considerations is that depriving someone of his or her liberty has to be the exception rather than the rule, especially because people are innocent until proven guilty. 

Decades ago, Malta’s laws precluded people accused of crimes that carried life imprisonment and those accused of crimes against the safety of the government from being granted bail.

In certain jurisdictions, like Australia for example, people accused of murder still cannot be granted bail. 

Daniel Muka was arrested after a police raid in Floriana on Tuesday. Photo: Mark Zammit Cordina

What does the law state?

Malta’s old bail laws were eventually declared unconstitutional. Amended laws introduced a number of criteria which applicants had to satisfy to be granted bail. 

According to the law, the court may grant bail if, after taking into account the seriousness of the offence and character of the accused it is satisfied that the accused:

• the accused appear when ordered by the authority specified in the bail bond;
• will not abscond or leave Malta;
• will observe any of the conditions which the court would consider proper to impose in its decree granting bail;
• will not interfere or attempt to interfere with witnesses or otherwise obstruct or attempt to obstruct the course of justice in relation to himself or to any other person,
• or will not commit any other offence.

Legal experts agree that the granting of bail is “very subjective” because it all depends on what the presiding judge or magistrate thinks about that person standing in front of the court at any given time.

The person’s criminal record, the number of witnesses who need to be brought to court to testify and the complexity of the case at hand are also taken into consideration when deciding on bail.

While it is difficult for anyone to be able to anticipate whether a person accused of a crime might commit another crime while out on bail, his or her criminal history can quickly help the judiciary decide, experts say.  

While it's not relevant to this case, suspects are also automatically granted bail if they are not served with a bill of indictment within 20 months of facing charges.

A bill of indictment is a formal legal document accusing specific people of a criminal act and leads to them standing trial for their alleged crimes.

This became an issue during the Daphne Caruana Galizia murder case when brothers Alfred and George Degiorgio were approaching the 20-month limit.  

What do ECHR guidelines state?

The judiciary usually follows guidelines on the right to liberty as guaranteed by the European Convention of Human Rights.

The ECHR lists four reasons why a suspect may be refused bail:

• risk of flight
• risk on interference with the course of justice
• the need to prevent crime
• the need to preserve public order.