Gozo gang-rape suspects hang on to bail despite appeal

A judge has turned down the Attorney General's application to revoke the bail of three Gozitan men charged with gang rape but the reasons for the refusal were not given as the decision was handed down behind closed doors.

The three men, 46-year-old Paul Xerri, Mark Cutajar, 31, and Aaron Camilleri, 28, appeared before Magistrate Paul Coppini and pleaded not guilty to gang-raping a 21-year-old woman on a construction site in Qala early on November 19.

Despite the prosecution's objections, and the fact that their alleged victim had not yet testified, they were granted bail immediately.

The Attorney General's office filed an application to have the bail revoked but Mr Justice David Scicluna turned down the application.

When The Times tried to obtain a copy of the decree, personnel at the Criminal Court Registry said it could not be supplied as it was handed down in camera - behind closed doors. They said they had even checked with the judge himself.

During the arraignment at the Gozo Courts, Police Inspector Josric Mifsud, prosecuting, objected to the request for bail arguing that important prosecution witnesses still had to testify.

Notwithstanding the objections, the court granted Mr Xerri and Mr Camilleri bail against a deposit of €1,000 and a €2,000 personal guarantee.

Mr Cutajar, who the court heard is believed to have been the mastermind behind the gang rape, was granted bail against a deposit of €2,000 and a personal guarantee of €4,000.

Just two months earlier, another four men, all from Nadur, Gozo were granted bail in a similar case of alleged rape involving a 14-year-old.

In that case, however, the men, brothers Josef and Peter Paul Said, Peter Paul Debono and Mark Lorry Said were placed under house arrest after the girl gave evidence in court.

The bail was still challenged but while they also kept it, Chief Justice Vincent Degaetano, who presided over the case, imposed stricter conditions.

Figures released recently in Parliament show that out of 11 cases between 2004 and 2007, four people were granted bail and another three were placed under house arrest.

The rest were remanded in custody.