A man was this morning granted bail against a personal guarantee of €5,000 after pleading not guilty to breaking to a house and stealing €23,000 worth of gold and cash in June 2008 in Birkirkara.
Roderick Gerada, 32, of Marsa was also charged with damaging the property.
During the arraignment, defence lawyer Franco Debono said the arrest of his client was not valid since the very merits of the case did not warrant for him to be arraigned under arrest.
He said his client's fingerprint had been found at the scene of the crime on a piece of furniture but for a long number of year, his client was a furniture removal man.
Taking into consideration a European Court Judgement Aquilina versus Malta, his client should not have been arraigned under arrest. Dr Debono asked the court to refer the case to the Constitutional Court to decide on this matter.
Magistrate Doreen Clarke turned down this request but told the lawyer he could open up another case separately.