A judge has rejected the Attorney General’s request to revoke bail granted to a housewife who stands accused of defrauding an 89-year-old woman of €90,000 through the victim’s cheque book.

The defendant, Michelina Grech, 55, from Rabat had been charged on April 26, before Magistrate Claire Stafrace Zammit, but denied all charges.

The prosecution led by Inspector Yvonne Farrugia had objected to the bail request filed by Ms Grech, until her brother and the victim would testify.

In its decision, the court acceded to the bail request against a deposit of €1,000 and a personal guarantee of €15,000. The woman was also ordered to remain indoors at her brother’s residence, except to attend for court sittings.

On the following day, Attorney General Peter Grech challenged the bail decree and filed an application on grounds that the conditions laid down were anti-constitutional.

While noting that their client was satisfied with the bail conditions which was a form of house arrest, Ms Grech’s lawyers argued that it was only her prerogative to raise complaints about possible breaches of her rights.

In his decree, Mr Justice Antonio Mizzi agreed with this argument and turned down the Attorney General's request. The judge ruled that the concept of house arrest was not expressly excluded from Maltese criminal law and was fundamentally different from detention under arrest at Corradino prisons.

While restricting the movements of the accused, the form of bail granted by the magistrate offered the opportunity for the accursed to remain living with her family.

Lawyers Franco Debono, Martin Fenech and Amadeus Cachia were defence counsel.