A court this evening upheld a lawyer’s claim that his client had been illegally arrested when he was remanded in custody after pleading not guilty because the lawyer was absent.

Joe Giglio claimed Magistrate Giovanni Grixti breached procedure and abdicated his duty because he did not allow the accused’s lawyer, himself, to make his case.

Dr Giglio was referring to the case of Simon Haber, 27, who was yesterday remanded in custody after he pleaded not guilty to smuggling an immigrant out of the island.

The lawyer said that no reason had been given for this decision, another breach of the law.

Dr Giglio said he had arrived for the Thursday sitting at the time he was instructed to by the court but on arrival found that the hearing was over and his client had been remanded in custody.

Police Inspector Edel Mary Camilleri said she was asked to testify by Magistrate Grixti and justify why she had arrested Mr Haber.

She had testified that the charges were serious but was asked by the magistrate not to go into detail. The inspector said she recommended that the accused not be put in jail because he might come into contact with a witness who was going to testify against him.

The magistrate had then asked the accused if he was going to plead guilty to which he replied in the negative and the magistrate left the court room, the inspector said. She had to ask the court registrar if the accused had been remanded in custody.

Dr Giglio pointed out that in a ruling by Chief Justice Vincent De Gaetano, in the case the Police vs Bernard Grech, he had stressed that if the appointed lawyer did not turn up, the court should appoint another lawyer.

This had not been done.

In a 14-page judgement, Magistrate Consuelo Scerri Herrera ruled this evening that the accused’s detention was illegal.

She said this was a classic case of putting the cart before the horse, because the inspector had not objected to bail.