Court had 'no reason' to arrest man

A court ordered the release of a man from preventive custody after it found that his arrest, ordered by a magistrate, was illegal.

Patrick Borg had filed an application in the Magistrates’ Court asking for his release from arrest after another court had ordered that he be detained under preventive custody when he failed to turn up in court twice.

Magistrate Giovanni Grixti, in the Magistrates' Court, heard how Mr Borg had failed to appear before the Family Court on two occasions to answer to charges of not paying maintenance to his estranged wife.

However, on the third time Mr Borg was to appear before the Family Court, he left the court room while waiting for his case to be heard to look for his lawyer.

Magistrate Grixti heard how Mr Borg’s lawyer told him that he would not be able to appear for him that day and Mr Borg subsequently looked for a second lawyer who usually helped him, but to no avail.

While looking for the second lawyer Mr Borg received a phone call from the police to inform him that he should go straight to the court room. When he arrived he was arrested under the orders of Magistrate Anthony Vella in the Family Court.

Mr Borg filed an application before Magistrate Grixti claiming that his detention was not legal and asking him to order his release.

Magistrate Grixti took into consideration that Mr Borg could not have been held under preventative arrest, since he was not under arrest to begin with. The previous court had arrested him because he had not proven to be trustworthy when he did not turn up in court. Magistrate Grixti said that this was no reason to arrest Mr Borg and released him immediately.

Lawyers Joesph Giglio and Stephen Tonna Lowell appeared for Mr Borg.