Jonathan Attard was hoping to spend his 34th birthday with his family yesterday after being granted bail last week following four years in preventative custody.

My mother was crying. I don’t have any words to describe how frustrating it is to still be here

But much to his frustration, he spent another birthday behind bars at Corradino Correctional Facility as his bail conditions have not yet been handed down.

“My mother was crying. I don’t have any words to describe how frustrating it is to still be here,” Mr Attard told The Times yesterday.

Mr Justice Anthony Ellul ordered bail for Mr Attard without the need to pay a deposit last Tuesday in a constitutional case filed by the inmate.

He had been granted bail in 2009 but had been unable to afford his deposits and had consequently remained in custody.

The magistrate is expected to rule on Mr Attard’s bail conditions on April 24.

“We are hoping that this date is brought forward. I would not like to comment on the efficiency of the courts but one would expect this matter to be treated with urgency, since it was found that there has been a breach of human rights,” his lawyer Dr Gianfranco Gauci said.

Mr Attard was awaiting trial for conspiracy to import cocaine. He was arraigned on November 4, 2008. After his fourth request, he was granted bail in March 2009 against a deposit of €23,330.

Following an application by Mr Attard, the sum was reduced to €15,000, then to €12,000 and, finally, €10,000. However, Mr Attard could not afford the amounts.

The magistrate ruled last week that this breached Article 5 (3) (c) of the European Convention on Human Rights, governing the right to a trial “within a reasonable time or to release pending trial”.

The man arrested with Mr Attard, Zeba Moussa, has since been released on appeal.

Before his arrest, Mr Attard had custody of his two boys, now aged 12 and 15.

“My eldest boy has been taken to Italy this week by a children’s home so at least he has something to take his mind off this. My youngest is not 100 per cent aware of what is happening,” he said.

European Court of Human Rights case law has established that the setting of bail conditions does not depend only on the seriousness of the crime.

The court should also take into account the character of the person involved, his morals, his home, his occupation, his assets, his family ties and all kinds of links with the country in which he is being prosecuted.

The court acknowledged Mr Attard’s attempts to learn new trades and skills in jail.

“I can’t complain about my treatment in prison – they helped to reform me. My complaint is with the courts,” Mr Attard said.

When he is finally free he would like to use some of the skills he learnt in prison to find a job in page design or computers.

“But I know it will be difficult to start with. I’ll be willing to clean drains with my own hands if it means I can start my life again.”