A total of 220 of the 500 prison inmates are being held under preventive custody, lawyer Jose' Herrera complained in court yesterday.

Dr Herrera gave the figure when requesting a magistrate for bail on behalf of Addie Magri, 37 who allegedly supplied heroin to 26-year-old Kelly Micallef, found dead by her father in her San Ġwann home earlier this week. Bail was refused.

"The courts seem to have gone back to what they were like when I first started practising in 1987," Dr Herrera said.

At one time things seemed to have changed when the courts became more liberal in granting bail but they appeared to have slipped again. The number of people in preventive custody was disproportionate to the number being let out on bail, he said.

Mr Magri is pleading not guilty to trafficking the drug within 100 metres of an establishment frequented by minors.

Police Inspector Norbert Ciappara argued against bail, saying there were still two witnesses to be heard.

Dr Herrera rebutted that there was a constitutional ruling under which such arguments no longer stood up.

A crime was deemed serious because of the weight of the punishment but it was not like the accused committed murder or tried to kill someone, he added.

He also argued that Mr Magri had helped the police during their investigations.

Inspector Ciappara said it was critical that witnesses should be heard before the man was granted bail because they had seen certain things take place.

He also drew on an incident which took place some time ago when a woman who had been granted bail fled to another country. A European warrant was issued and the woman was again arrested but she was granted bail again and then escaped for good.

Magistrate Joseph Apap Bologna decided to remand Mr Magri in custody until the witnesses have been heard.

Lawyer Veronique Dalli also appeared for Mr Magri.

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