Justice Minister Carm Mifsud Bonnici has confirmed that the government is planning to amend the laws on bail, with a view to tightening up the system.
The minister, who was speaking in a radio phone-in, said that by and large the system worked well and the courts granted bail appropriately according to the evidence before them.
He confirmed, however, that the system would see some changes as part of amendments to the Criminal Code by the end of this year.
The changes will involve bail granted to people regarded as being repeat offenders.
There was a public furore last year when bail was granted to Daren Debono, the man accused of involvement in the HSBC headquarters hold-up who was subsequently injured in a hold-up on a jeweller. He had a history of court appearances and charges.
Dr Mifsud Bonnici had later told The Sunday Times that the courts should keep career criminals “where they belong”.
“Crime has to be tackled by everyone, because it is imperative that the perpetrators of such serious offences are held where they belong,” he said, adding that the government would, if necessary, introduce legislation to further limit the possibility of bail being granted in certain cases.
Dr Mifsud Bonnici said the police were there to fight crime and protect citizens, even at their own risk, and therefore should be “supported” by all concerned.
“I sincerely hope this case serves as an eye-opener for everyone as to the kind of serious threat such delinquency presents to our society.”
A number of lawyers who work in the Criminal Court later voiced opposition to Dr Mifsud Bonnici’s suggestion to restrict the granting of bail when hardened criminals are involved.
In comments to The Times, they said this would do away with a basic principle in criminal law – the presumption of innocence.
Lawyer Giannella Caruana Curran said limiting bail was an “open and shut” provision which went contrary to the spirit of the law, adding that the criminal record was already being taken into consideration by the judiciary when considering a request for bail.
She said in Malta bail was already something that was difficult to obtain, especially when dealing with certain crimes. It was very difficult, for example, for foreigners to be granted bail.
“One cannot just close doors with such a fast and hard rule,” she said.
Another lawyer, Arthur Azzopardi, agreed, adding that bail had to be the rule not the exception. He said various judgments had been handed down by the European Court of Human Rights which ruled on bail as “the norm” and the full respect of one’s presumption of innocence.