Two men found in a tunnel beneath the Parliament building, in an area previously known as the Yellow Garage, jumped over two gates to enter the restricted zone, a magistrate heard today. 

The two have claimed they were there sheltering from the rain early on August 16.

Police constable Stephen Grech, who found them while patrolling the area, said they did not offer any resistance when they were found. 

He was testifying in the compilation of evidence against Eman Zammit, 36, and Clayton Fava, 28, both unemployed from Żabbar who stand charged with the attempted theft of tools stored there, gaining access to a public building without the necessary permits and relapsing.

PC Grech said he found the two men "roaming around", adding that although they told him they were sheltering from the rain, there were other places they could have sheltered and did not need to jump over two gates. 

Magistrate Joe Mifsud, who is presiding over the case, noted that although the men had been charged with attempting to steal tools that were stored in the tunnel leading to Parliament's basement, no evidence had been brought forward to sustain this charge. 

Moreover, he noted, contrary to the impression that had been given, there was no evidence to prove that there was any threat to Parliament's security. 

In submissions on punishment, Police Inspector Jeffrey Scicluna insisted on an effective jail term but lawyers Franco Galea and Matthew Bondin disagreed, saying this would send their clients "from the frying pan into the fire". 

Dr Galea said Mr Zammit had followed three drug rehabilitation programme but had not managed to kick the habit. He said it would be better if the court imposed a suspended jail term and appointed a probation officer to guide him and help him address his problems. 

Magistrate Mifsud told the two defendants that they needed to address their drug problems. "I cannot send you both back out there with the risk of an overdose. The drug rehabilitation programmes are not only there to help you kick the habit but to help you increase your confidence and help you face society away from crime. If it was raining, you should have found a bus stage to shelter," he said. 

He once again denied their request for bail and put off the case for judgment on September 1.