A judge annulled a magistrate’s decision to grant bail to a man accused of murdering his father-in-law because of a procedural error.

Mr Justice Antonio Mizzi was hearing an appeal filed by the Attorney General who asked that bail be withdrawn.

Gregorio Scicluna, 53, from Kalkara, is pleading not guilty to murdering Joseph Caruana in October last year, trying to murder his ex-wife, Maria Simone Caruana, 27, their five-year-old daughter, Yasmin, and three-year-old Shania.

He was granted bail by Magistrate Josette Demicoli two weeks ago against a personal guarantee of €30,000 and a deposit of €30,000 but remained behind bars because he could not afford the deposit.

Mr Justice Mizzi noted that the court could neither uphold nor reject the appeal because “the bail decision is null in the first place”. He pointed out that when the criminal court granted bail, it should have sent the court file and the record of the proceedings to the Attorney General’s office within 24 hours.

The Attorney General would then have another 24 hours within which to decide whether to file an appeal.

However, the file was sent on the second day, almost 48 hours later, a “procedural error” which Mr Justice Mizzi said annulled the bail granted.

Thus, Mr Scicluna’s position reverted to what it had been before he was granted bail.

The defence lawyers are now expected to request bail again.

The Attorney General said it strongly opposed bail given Mr Scicluna’s chequered criminal history and the seriousness of the crime.

Describing Mr Scicluna as “untrustworthy”, lawyer Philip Galea Farrugia, from the Attorney General’s office, said the accused had “nothing to lose” and could easily relapse.

Lawyers Michael and Lucio Sciriha are defence counsel. Lawyer Stephen Tonna Lowell is parte civile.

Police Inspectors Keith Arnaud, Stephen Pullicino and Robert Said Sarreo prosecuted.

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