Court throws out second request to declare Lilu King arrest invalid

Court rejects second attempt by Lilu King’s defense to invalidate his arrest

By: maltatoday.com

Oct 31 2024
0
0 Views

Court throws out second reque

A court has rejected a second request by Lilu King’s defence lawyers to declare his arrest invalid.

In a decree issued on Thursday, Magistrate Gabriella Vella declared that the arrest of Mohamed Ali Ahmed Elmushraty, also known as Lilu King, was valid. This was the second attempt by his defence team to have his arrest declared invalid.

Lilu King is being charged with causing light injuries and breaching court-imposed conditions. The court heard last week that the incident arose from a misunderstanding in Arabic between Elmushraty and the victim.

Following the submission of medical certificates by the prosecution, the charge sheet was amended to reflect the injuries as grievous rather than light, with authorisation from Magistrate Kevan Azzopardi.

Lawyer José Herrera argued that Elmushraty’s arrest was “totally illegal,” stating that a person may only be detained either by court order or due to an illegal arrest, not as part of judicial processes.

Lawyer Franco Debono added that Elmushraty was arrested based on bail conditions, though proceedings are yet to begin. Lawyer Jose Herrera reiterated that Elmushraty is neither accused nor charged, further emphasising the invalidity of Elmushraty’s arrest

Inspector Eman Hayman stated that an expert had confirmed the injuries as “grievous”. He explained that the case proceeded under an arrest warrant, issued through a court application. He added that the Court, on 19 October 2024, was informed that the reason for Elmushraty’s arrest was not only due to the injuries but also for allegedly breaching bail conditions.

Franco Debono concluded the defence’s statements saying that while the proceedings on the ‘light injury’ charge have ended, the proceedings on ‘grevious injury’ still need to begin.

Debono informed the magistrate that he would be filing an application of habeas corpus, an action to examine the legality of a person’s detention under arrest. “Do what you have to do,” replied the magistrate.

Lawyer Jose Herrera, Franco Debono, Martina Herrera, and Adriana Zammit were defence counsel.

Inspector Eman Hayman, Superintendent Mario Haber, and lawyer Valentina Cassar led the prosecution.