A fresh application for bail by two men accused of murdering Daphne Caruana Galizia was dismissed by the criminal court on Wednesday, citing fears of public disorder.
Brothers George and Alfred Degiorgio have been under arrest since December 4, 2017 and the compilation of evidence against them is at an advanced stage.
They, together with Vincent Muscat, have pleaded not guilty to having murdered the journalist by a car bomb on October 16, 2017.
In their latest application for bail, the two pointed out that the compilation had reached an advanced stage and that the majority of civilian witnesses and court experts had testified, leaving no valid reason at law to justify their continued arrest.
They further pointed out that another court hearing separate proceedings linked to money-laundering charges had deemed them sufficiently trustworthy as to afford them bail.
Prosecution objections
However, the Attorney General objected to the request, citing the gravity of the crime which carries a possible life sentence, as well as fear that the accused could abscond if granted bail.
Moreover, since the inquiry into the journalist’s assassination was still ongoing, there was a “strong suspicion” that there could be other culprits who had not yet been identified and intercepted, the AG continued.
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Bail is not an automatic right - court
The Criminal Court, presided over by Madam Justice Edwina Grima ruled that although a person was presumed innocent until proven guilty, the granting of bail was not an automatic right.
Citing four principles evolved by the European Court of Human Rights, the court pointed out that bail was to be withheld if there was a risk that the accused would fail to appear for trial, if the accused acted in a manner to prejudice the administration of justice, if they committed further offences, or if they caused public disorder.
Stating further that “the circumstances of this case are far wider than what appears from the court records,” the court noted that the inquiry into the murder of Daphne Caruana Galizia was still actively ongoing.
This meant that there existed a strong suspicion that not all the people involved had been identified, intercepted and brought to justice and releasing the three applicants could seriously prejudice the administration of justice.
Citing ‘public disorder’ as a “relevant and sufficient” grounds, in line with European jurisprudence, the court held that continued detention was legitimate since public disorder remained threatened.