A magistrate ruled today that a two-week detention sentence given to a man for failing to turn up for in court during separation proceedings amounted to illegal arrest.

Mario Camenzuli had been sentenced to two-weeks detention after he failed to turn up for a case before Magistrate Anthony Vella in June last year. The magistrate had also issued an arrest warrant against him.

But, since that day Mr Camenzuli could not be found.

The police finally found him last week and arrested him so he could serve the two weeks detention.

But Mr Camenzuli contested the legality of the detention order and filed an application before Magistrate Audrey Demicoli, claiming he was being detained illegally.

The magistrate noted that the law allowed the courts to hand down detention sentences in cases of contempt of court. But the law did not include failing to appear in court as part of the definition of contempt.

Besides, she said, the court had failed to indicate the provision of the law under which the detention was ordered. For these reasons she declared the detention as illegal.

Lawyers Jason Grima and Noel Bianco appeared for Mr Camenzuli.