The Deputy Attorney General told a court today that the Commissioner of Police had no jurisdiction to investigate former Kazakh diplomat Rahkat Aliyev because he is not a permanent resident in Malta.

Aliyev is wanted by his country in connection with the alleged murder of two persons and torturing others.

Lawyers Cedric and Malcolm Mifsud are appearing for two bodyguards who are claiming to have been tortured on instructions of Aliyev, who lives in Malta with his wife, who has Austrian citizenship. They had challenged the Police Commissioner to investigate their case in Malta.

dr Donatella Frendo Dimech explained said the Maltese authorities could not and would not harbour criminals, but investigations also had to be made in terms of the law. Aliuyev was not a permanent resident in Malta although he had a residence permit.

"We are not being evasive and not being sticklers for procedure, but we have to observe the law," she said.

She said that Aliyev had a residence permit because his wife has Austrian nationality. Not granting him a residence permit would have violated EU law

"All he has is freedom of movement I can't understand why we are being accused of giving him anything. Malta never shied away from its responsibilities and will never do."

Dr Joe Giglio, who is appearing for Aliyev, said his client was frustrated that his client could not answer the allegations being made in the newspapers.

Dr Giglio then protested to the court after somebody in the public gallery sitting with one of the bodyguards was seen taking a picture of him.

The magistrate warned that this was not allowed.