A young man coughed all throughout his arraignment on Friday as the court heard how he had repeatedly missed out on bail conditions, proving elusive to the police and later claiming he had a chest infection. 

Simon Leyton Rachid, a 22-year-old Valletta resident, was escorted to court, pleading not guilty to breaching three sets of bail conditions as well as a probation order given in June last year. 

He was also charged with relapsing. 

Prosecuting inspector Lydon Zammit testified about how, in these past weeks, the accused had failed to sign the bail books and had also missed out on every court hearing he was bound to attend.

The youth later explained he was suffering from a chest infection and had only left home to go to the doctor. 

He also insisted he had twice visited a doctor in Valletta, indicating the street where the clinic was located. However, he could not recall the doctor’s name. 

When last Wednesday the police knocked at his door, no one answered. 

The young man later spoke to them on the phone claiming he was at Mater Dei Hospital without indicating his exact location and hanging up when the inspector asked for the name of the ward.

The police spoke to the accused’s sister, warning her they would not tolerate such nonsense.

The woman later accompanied her brother to the police depot from where he was escorted to the Floriana health centre.

His infection was confirmed and he was prescribed medication. 

Although claiming to have been certified by doctors previously, the only certificate he produced did not cover the entire period since June 15 and the doctor who had issued that certificate had a clinic at Qormi, rather than Valletta.

The accused had told police that he had left his other medical certificates at his girlfriend’s place but, to date, the police had not received them. 

A probation officer tasked with monitoring the accused in separate proceedings had reported she had lost contact with him in May. 

A request for bail was strongly objected to by the prosecution who argued that the accused had been given several chances by the courts. 

“Not once or twice but three, four, five, six, seven times, but unfortunately he did not follow bail conditions,” argued the prosecutors, pointing out that the accused was clearly not trustworthy and offered no guarantee that he would obey court orders if granted bail. 

Defence lawyer David Gatt countered that the request was being made in “the most temporary manner” pending the continuation of the case next week. 

“If he breaches it, a whole avalanche would descend upon him… He is evidently unwell,” argued the lawyer as the accused’s bouts of hollow coughing persisted. 

“Are we claiming that doctors made a false declaration? Isn’t it a chest infection,” argued Gatt.

However, after hearing submissions the court, presided over by Magistrate Ian Farrugia, declared that the accused did not offer the necessary guarantees that he would abide by bail conditions and that there would be no prejudice to the proper administration of justice. 

Bail was denied. 

Inspectors Lydon Zammit and Stephen Gulia prosecuted. Lawyer David Gatt was defence counsel.