The man accused of murdering his former partner in Zebbiegh, Mgarr, just over two years ago, continued to insist in court today that the bail bond of almost €15,000 set by a court  was prohibitively high.

Kenneth Gafa is accused of the fatal shooting of his partner Christine Sammut as she sat in her van.

Defence counsel Giannella de Marco said in court this morning that she wanted to make a Constitutional reference. She pointed out that Mr Gafa' had been remanded in custody  for 25 months. Although he was granted bail, the court had ordered him to make a deposit of €15,000. Despite various pleas for the amount to be reduced so that he could pay it, his requests have always been thrown out.

Dr de Marco said that apart from the issue of the funds, the length of time without effective release was in breach of Mr Gafa's fundamental human rights, hence her request for Constitutional Reference.

Police Inspector Chris Pullicino, prosecuting, said that the bail bond was set according to law. 

Dr De Marco said that there were a number of decisions by the superior courts which established that when an accused person was granted bail, he had to have effective release. 

Magistrate Anthony Vella said that after taking into consideration the points made and his own decree, the court felt this is a frivolous request. He therefore rejected the request for Constitutional reference.

"Decizjonijiet b'attitudni u mhux skond il-gustizzja"- Mr Gafa said as he was led away.

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