Briton finally faces justice
An Englishman who jumped bail in Malta four years ago has been brought back after a legal battle that included the first European arrest warrant being issued by Malta.
The story goes back to 2003 after 40-year-old Tristan Haynes allegedly seriously injured another Englishman, David Shepard, and slightly injured a Maltese couple, Marian and Joseph Attard, in a car accident. Mr Shepard suffered injuries to his face, head and chest and the couple sustained cuts and bruises.
Shortly after his arraignment, Magistrate Jacqueline Padovani granted him bail against a deposit of Lm10, 000 and a personal guarantee of Lm10,000. His defence team objected to the conditions imposed and the Criminal Court of Appeal reduced the bail conditions.
He was granted bail and the last time he signed the bail book was in 2005 as shortly after he left the island for the UK where he has been since.
Malta issued its first European arrest warrant against Mr Haynes in February 2007 and the case was then heard by the Magistrates' Court in the City of Westminster, London.
During proceedings in London, he had alleged that while in Malta he had not been given a translator and, only after a record of all the proceedings had been sent to London and verified, did the court order his extradition to Malta on July 11, 2007.
Mr Haynes appealed the decision on October 24, 2007 and he was discharged after the High Court declared the arrest warrant invalid.
The Maltese authorities issued another European arrest warrant in June 2008 and the Magistrates' Court in the City of Westminster re-ordered his extradition last December. He filed another appeal but this was dismissed on March 26 bringing to an end a legal skirmish that lasted two years.
Mr Haynes arrived in Malta on Good Friday after he was surrendered to the Malta Police at Heathrow Airport.
Magistrate Antonio Mizzi heard the case on Saturday and ordered his arrest and forfeiture of the bail bond.
The compilation of evidence was meant to continue yesterday but Mr Haynes informed the court that his new lawyer, Chris Bonnett, had not appeared and needed all the records of the case before he could continue.
The case is due to start on Monday.
Speaking after the first hearing, lawyer Kriss Busietta, who is appearing for the alleged victims, thanked the Attorney General's Office for their perseverance in securing the return of Mr Haynes to Malta to face justice.
Police Inspector Kevin Farrugia is conducting the prosecution.
In London, the Attorney General's Office in Malta was aided by Paul Close from the Crown Prosecution's Office and Gemma Linfield who acted as counsel for Malta.
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Dr Paul Sant Cassia
Apr 16th 2009, 23:02
Mr Timparo. Perhaps you might be right. Perhaps the Italian authorities, for example, should send all documents in English, Maltese, French, Greek, Slovak, Latvian, etc, right up to Vietnamese and Twi. Every country issues notices in its own official language; a translator is then appointed. But to condemn or criticize the legal authorities of any sovereign country for issuing legal proceedings in a language other than their own (as you seem to be doing) is not only arrogant and neo-colonial, it is also incredibly unrealistic. Mr Haynes appears to be the first Englishman who has had language difficulties in Malta. You might be the second, and clearly in good company....Mr Timparo, you may consider learning Maltese if you are living here. I learnt Greek when living in Greece and Cyprus; the ex-pats who did not remained isolated and resentful expecting the locals to learn English. Why should they? The Education Department here organizes Maltese classes for foreigners. You may consider following them, especially if you are living here and may wish to understand what is happening and making new friends.
Piero Timpano
Apr 16th 2009, 13:07
@ Anne-Marie Willows: Since Malta insist in sending everything in MALTESE! Especially legal notices. It is a rare occasion that something arrives in dual languages... Not only courts, but politicians, MEP's charity notices ETC... For someone who doesn't speak Maltese, its a nightmare.
Anne-Marie Willows
Apr 16th 2009, 12:42
Ha! Ha! - since when did an English person need a translator in Malta? Sounds like a desperate man clutching at straws. Well done to those who persevered to bring this man to justice...
Dorianne Mallia
Apr 16th 2009, 09:56
I wonder what would have happened if the injured parties did not include another Briton...