A magistrate's court was faced with an urgent application by a man who yesterday evening was taken into detention at the Corradino Correctional Facility after failing to turn up for a criminal appeal hearing on March 13.

Joseph Pisani, 43, was handed down a two-month jail term by a magistrate's court for having missed maintenance payments to his estranged wife.

The man appealed this conviction but did not make an appearance at the appeal hearing, thus bringing into effect the immediate application of the effective prison sentence.

The defence lawyer for Mr Pisani this afternoon explained in court how, yesterday evening, when his client went to sign the bail book at the Msida Police Station, as he did on a daily basis, the officers on duty informed him that he was to be escorted to Corradino to serve his two-month sentence.

This morning, the man's lawyer filed an application before the criminal court requesting the re-appointment of the appeal and a separate application, known as habeas corpus, before the duty magistrate for the immediate release of his client from detention pending the resolution of the appeal issue.

Before the court, presided by magistrate Doreen Clarke, the defence explained that his client had never received any notice of summons from the appeals court. The bail book, exhibited in court, revealed clear discrepancies in the dates when the court marshall had called at the police station to serve the notice of summons. Even the identity of the police officers on the disputed dates did not appear to tally.

It was also argued that according to established procedure, a notice of summons from a superior court is to be handed over personally to the individual concerned by the court marshall rather than be deposited at the police station where the person signs the bail book.

The prosecution argued that there was no doubt that Mr Pisani had been duly notified and that the claims of the defence were unfounded.

The defence rebutted that this was the second instance in one year when his client had to endure an unjust arrest on account of administrative shortcomings. "No court can give just satisfaction for a person's loss of freedom be it for a minute, an hour or a day," the defence concluded.

After hearing submissions by both parties and adjourning the hearing to a later hour, the court delivered its decision shortly after 6pm. It rejected the request for the release of Mr Pisani from detention on the grounds that it lacked the competence to decide upon this issue.

Lawyer Franco Galea was defence counsel. Lawyer Angele Vella, Supt. Sandra Mamo and Assistant Commissioner Martin Sammut prosecuted.