The imprisonment of a man for failing to attend court during separation proceedings was yesterday declared illegal by another court.

Mario Camenzuli had been sentenced to two weeks in detention over his absence in a case being heard by Magistrate Anthony Vella last June.

Magistrate Vella also issued an arrest warrant against him so he would be brought to court to attend the separation proceedings.

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

Police finally traced him last Thursday and arrested him so he could serve the two weeks at the Corradino Correctional Facility.

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 order the detention of people 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 sentence was ordered.

For these reasons she declared the detention of Mr Camenzuli as illegal.

Lawyers Jason Grima and Noel Bianco represented Mr Camenzuli.