The Malta Independent 13 May 2024, Monday
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Chief Justice Orders the revocation of man’s bail

Malta Independent Saturday, 15 July 2006, 00:00 Last update: about 19 years ago

A man who is facing criminal proceedings for conspiracy to traffic in ecstasy and importing more than 50,000 ecstasy pills yesterday had his bail revoked by Chief Justice Vincent De Gaetano.

Steven John Lewis Marsden, 45, from Sheffield in the United Kingdom, but who lives in St Paul's Bay, was charged with conspiring with people in Malta and abroad to import ecstasy pills into the country. He was also charged with importing more than 50,000 ecstasy pills and with being in possession of the banned drug.

Monday's haul is believed to have been the biggest ever in Malta and the market value of the ecstasy pills is estimated to be in the region of about Lm250,000.

When he was charged on Tuesday, Mr Marsden pleaded not guilty. Magistrate Dennis Montebello acceded to a request for bail by legal aid Leslie Cuschieri and granted him bail against a deposit of Lm10,000. He did not bind the defendant with a personal guarantee but ordered the freezing of all his assets.

Despite being granted bail, Mr Marsden is still at the Corradino Correctional Facility since he does not have the Lm10,000 to pay as his deposit to get out of jail.

In his decision, the Chief Justice said the court was "perplexed" at how magistrate Dennis Montebello granted Mr Marsden bail, adding that the magistrate went against normal practice.

He said that while any person accused of committing a crime may be granted bail, even when it is a serious crime, common sense should prevail and the court has to make sure that the most important evidence is presented in order to protect such evidence.

Chief Justice De Gaetano said that it was evident that the man's bail could possibly lead to tampering with evidence which would shed serious doubts on the correct administration of justice.

The Chief Justice said that the court cannot deal with bail proceedings "in a cavalier manner, but must always be approached with diligence, often with a great degree of patience in order to determine all the relevant circumstances of the case…with the application of common sense and sound judgement on the part of the presiding magistrate".

He said the defendant stands charged with a number of very serious offences which carry a maximum of life imprisonment. He added that although the seriousness of the offence for which a person is charged is not necessarily a basis for refusing to grant bail, the court must weight all the relevant circumstances.

The Chief Justice said it is evident that the defendant has virtually no ties whatsoever in Malta and appears to have stronger ties with Spain and the UK. He said that although the accused has a rented flat in Malta.

Chief Justice De Gaetano said police investigations have not been concluded yet and the magistrate still granted bail even though the bulk of the evidence has not been presented. He said: "It is patently obvious that the magistrates' court exercised its discretion in a manner that was manifestly wrong. Everything suggests that, at least at this stage of the proceedings, there is a danger – a clear and present danger – of interference with the proper administration of justice."

He therefore upheld the Attorney General's request and ordered the man's re-arrest and ordered that he is remanded in custody.

Dr Mark Said appeared for the AG's office.

Police inspectors Norbert Ciappara and Dennis Theuma prosecuted while Dr Leslie Cuschieri appeared for Mr Marsden.

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