Chief Justice orders suspect's re-arrest
Magistrate's decision to grant bail deemed 'unusual'
The Criminal Court yesterday ordered the re-arrest of a 45-year-old Briton, charged with conspiring to deal in over 50,000 ecstasy pills, after ruling that a magistrate's decision to grant him bail had been "unusual".
Chief Justice Vincent De Gaetano said he was perplexed at how, contrary to normal practice, the Magistrates' Court had granted bail to Steven John Lewis Marsden before the bulk of the evidence against him had been compiled.
Mr Marsden appeared in court on Tuesday and was charged with importing the pills and conspiring to deal in the drug on and before Sunday night.
Magistrate Dennis Montebello granted him bail on condition he signed daily at the Qawra police station and bound him by a Lm10,000 deposit.
The following day, the Attorney General (AG) filed an application requesting that the bail be revoked. He argued that, given the circumstances of the case, Mr Marsden should not have been granted bail, at least at this stage when the evidence has still to be compiled, in view of the danger of his absconding and of tampering with evidence.
The Chief Justice noted that Mr Marsden stood charged with a very serious offence, which carried a maximum punishment of life imprisonment. Although the gravity of the offence with which a person stands charged is not necessarily a ground for refusing bail it is certainly a very important factor to be taken into account, he said.
From the evidence of Police Inspectors Norbert Ciappara and Dennis Theuma, prosecuting, it transpired that Mr Marsden had virtually no ties with Malta and appeared to have stronger ties with Spain and the United Kingdom.
Besides, the Chief Justice added, the amount of drugs involved and the way in which the police had allegedly found it hidden in a vehicle suggested there may be other persons involved. Furthermore, police investigations had not been concluded yet. Dr De Gaetano ruled that from the circumstances brought to his attention, which circumstances were also brought to the attention of the Magistrates' Court, "it is patently obvious that the inferior court exercised its discretion in a manner that was manifestly wrong.
"Everything suggests that, at least at this stage of the proceedings, there is a danger - a clear and present danger - of interference with the proper administration of justice," he ruled
Lawyers Leslie Cuschieri and Daniela Mangion represented Mr Marsden.