A man accused of murdering a Gozitan lawyer in May 2006 has been granted bail against a deposit of Lm21,000 after the Criminal Court applied an article of the Criminal Code by which a person accused of a crime which carried an imprisonment of nine years or more, is granted bail automatically if a bill of indictment is not issued within 20 months from when he was first charged.

David Zerafa, 32, from Nadur, stands charged with the murder of Gozitan lawyer Michael Grech in May 2006.

In his ruling, Chief Justice Vincent De Gaetano referred to article 575(6)(a)(iii) of the Criminal Code which states that if the Attorney General has not yet filed a bill of indictment within a period of 20 months since he was first charged, the accused shall be automatically granted bail.

The Attorney General’s office, presented by lawyer Aaron Bugeja, argued that the bill of indictment was not issued because Mr Zerafa’s lawyers had asked to summon some witnesses. Dr Bugeja claimed that the 20-month period was therefore suspended, awaiting the testimony of these witnesses.

But Chief Justice De Gaetano did not agree with this argument and granted Mr Zerafa bail against a deposit of Lm21,000. He also gave Mr Zerafa permission to leave his house for three hours every day.

Police Inspectors Chris Pullicino prosecuted. Dr Aaron Bugeja represented the AG while the accused was assisted by Dr Joseph Giglio.