Bail denied for repeat offender accused of theft from Rabat pastizzeria
A 41-year-old construction worker with a history of bail violations and a substantial criminal record has been remanded in custody after being accused of stealing alcohol and repeatedly breaching bail conditions
A 41-year-old construction worker with a history of bail violations and a criminal record has been remanded in custody after being accused of stealing alcohol from a pastizzeria in Rabat.
Clive Micallef, who the court was told, has repeatedly failed to adhere to previous bail conditions, appeared in court on Tuesday, accused of theft and repeated bail breaches.
Inspector Godwin Scerri, prosecuting together with lawyer Brandon Bonnici from the Office of the Attorney General, charged Micallef with theft, aggravated by time and means, breaching bail conditions and recidivism.
Micallef pleaded not guilty to the charges. Lawyer Alessandro Farrugia, assisting Micallef as defence counsel, requested bail.
Inspector Scerri objected to that request, due to the risk of evidence being tampered with but also because of the defendant’s character, pointing to his “packed criminal record” and highlighting that he was already being accused of breaching bail.
The inspector explained that Micallef would often fail to sign his bail book, requiring the police to contact him, after which he would present a blue medical certificate to justify his absence. He had not signed his bail book for the past 3 days and had falsely claimed this to be due to a medical ailment, added Scerri.
“If you look at the bail book, there are more blue papers than pages. Many times he is called to the police station to explain his failure to sign the bail book and he comes with a medical certificate.”
Magistrate Abigail Critien, who presided over the arraignment, ordered the prosecution to exhibit the bail book in the acts of the case. After examining the bail book for herself, the magistrate observed that the medical certificate exhibited by the defence was not suitable for these proceedings, adding that “besides this, it amply clear that the bail book in question is full of similar certificates explaining or justifying failures to sign it.”
Farrugia argued that the defendant was his mother’s carer, as a further reason to grant him bail. “From what I can see, it looks like he needs a carer himself,” quipped the magistrate.
Inspector Scerri added that Micallef had complained of being unwell and been taken to a health centre while under arrest, subsequently being discharged with a prescription for paracetamol.
The court, after hearing these submissions, rejected the bail request to avoid possible subornation of witnesses and because it was concerned that the defendant would reoffend were he to be released from arrest.
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