Police Constable Paul Sheehan, the home affairs minister's driver, was this evening taken back to hospital after he reported new chest pains - shortly after a magistrate turned down his request for bail.

The constable was taken to hospital from court under escort following a sitting in which he pleaded not guilty to attempted murder, using violence against Briton Stephen Smith, causing voluntary damage to a vehicle, discharging a firearm in a public place and exceeding the limits of his authority as a police officer.

He was arraigned under arrest after having been picked up this morning. On Monday he was also taken to hospital after suffering chest pains when he reportedly flew into a rage when policemen and a magistrate called at his mother's house in Gzira to conduct investigations. He was discharged yesterday.

At the beginning of court sitting this afternoon, the defence asked why the constable had been arrested today when the incident occurred last Wednesday. As a result, the accused had become a political football.

The defence then requested bail, for which the prosecution objected because a number of witnesses have to testify. 

Prosecuting officer Saviour Baldacchino from the CID, said that Mr Sheehan had initially been arrested at Msida police station but then released after making a statement to the police. He did not testify under oath to the inquiring magistrate. 

He said the police investigation had not tallied with Mr Sheehan's version of events and an arrest warrant was then requested. He was arrested this morning.

During the submissions on bail, defence counsel Edward Gatt argued that fear of tampering with evidence was non-existent because witnesses had already testified under oath in the magisterial inquiry. (It later emerged, however, that only an eye witness had testified under oath in the magisterial inquiry as the victim, Stephen Smith, had only given a statement to the police.)

Dr Gatt also argued that there was no evidence to prove that his client had the intention to kill.

Magistrate Giovanni Grixti suspended the sitting to consider his decision on bail.

When the sitting suspended, Superintendent Sandra Mamo said that following the incident on Wednesday, both Mr Sheehan and Mr Smith were taken to Msida police station. Mr Sheehan had spoken to his lawyer but Mr Smith did not appear to be understanding. They were released at 3.20am and ordered to return the next morning.

Some things were unclear to the police. The superintendent also insisted there was evidence to back the attempted murder charge.

Inspector Baldacchino said there was a telephone recording related to what had happened. The call was made on the emergency line by Constable Sheehan, seeking assistance. 

Dr Gatt said he was more convinced that there were no grounds to deny bail.

BAIL REFUSED

Magistrate Grixti turned down the request for bail in view of the seriousness of the case and because witnesses need to testify.

Last Wednesday Mr Sheehan chased and fired at a car driven by Mr Smith which damaged the ministerial car's mirror.

He was suspended on Thursday.

Mr Sheehan was released from hospital yesterday after he was admitted for chest pain following an incident at his mother's house in Gzira on Monday.