A court declared that imposing a bail guarantee of €50,000 in the case of a man facing murder charges was in breach of his human rights because it was beyond his means.
The accused, Richard Grech, who is awaiting trial for his alleged involvement in the murder of a bank messenger in San Ġwann 10 years ago, was granted bail a second time, against €50,000, after he had previously breached bail conditions.
He was first granted bail in March 2004 under a number of strict conditions, including one stipulating that he was to live at his mother's house. He failed to comply because of what he claimed were arguments with his family, so he was re-arrested.
In 2007 he re-applied to the Criminal Court for release on bail, pointing out that, in the meantime, he had got married and had a young son.
Mr Grech also pointed out that the compilation of evidence had been concluded and that there was, therefore, no danger that he could tamper with any evidence.
His request was granted last March against the sum in question.
But Mr Grech complained that the sum was totally beyond his means and that the court ought to have taken his income into consideration when setting bail conditions. He lived on social benefits and no one in his family could make good for the sum imposed.
He asked the First Hall of the Civil Court to declare that the imposition of such a bail condition was in violation of his fundamental human rights because he was still in preventive custody.
Mr Justice Gino Camilleri upheld the request, saying bail conditions had to be set after all the factors of the case, including the means of the accused, had been taken into consideration.
In this case it did not result that the Criminal Court had heard evidence about Mr Grech's means before imposing the bail conditions. The judge also pointed out that there was no danger that Mr Grech would abscond.
The court, therefore, ruled that Mr Grech's rights had been violated and it ordered his release on bail under all the conditions imposed by the Criminal Court except for the €50,000 deposit or pledge.