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

Police constable Stephen Grech told Magistrate Joe Mifsud that he had come upon them while on patrol on August 16. They claimed they had been sheltering from the rain and did not offer any resistance.

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

The two men were “roaming around”, the policeman said, adding that although they told him they had been sheltering from the rain, there were other places they could have done so and did not need to jump over two gates to get in.

Magistrate Mifsud 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 after the prosecution rested its case, Police Inspector Jeffrey Scicluna insisted on an effective jail term for the pair, who were relapsers and had previous convictions.

But their 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 programmes 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 tackle their problems with drugs.

“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 stop to shelter,” he said.

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