The man charged with murdering his former girlfriend in Mġarr two years ago marked his 25th month behind bars yesterday with yet another attempt to win effective release from custody on bail.

Although he has been granted bail, the 39-year-old former jockey, Kenneth Gafà, has not been able to afford the €15,000 deposit imposed by Magistrate Anthony Vella.

He was only granted bail on his ninth attempt and after spending the legal limit of 20 months behind bars, after which bail is automatic.

Further requests by his lawyer Giannella de Marco to get the deposit lowered have proved futile.

Mr Gafà stands charged with murdering 40-year-old Christine Sammut in December 2010.

During the sitting yesterday, Dr de Marco said she wanted to make a constitutional reference, meaning the issue would be referred to the superior courts for a decision. Citing case law, she said once an accused was granted bail, the release should be effective.

The fact that her client had been under arrest for such a long time was in breach of his fundamental human rights.

In response, Police Inspector Chris Pullicino said the bail decree and amount set was according to law and he had nothing else to add.

Magistrate Vella deemed the request “frivolous” and threw it out.

On leaving the court room, an irate Mr Gafà turned and told the magistrate in a raised voice that his decision was not according to law.

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