Magistrate Audrey Demicoli today upheld an illegal arrest claim filed by a man who was given a two-week detention sentence and fined 100 euros for not turning up for a separation case which was being heard by a family court.
Mario Camenzuli had been sentenced to two weeks’ detention by magistrate Anthony Vella. The magistrate had also issued a warrant of arrest.
On the day of the separation proceedings, Camenzuli was nowhere to be found. When the police did find him late last week to serve the sentence which was ordered by Magistrate Vella, his defence team filed an urgent application contesting the legality of the detention order. Magistrate Vella had given Camenzuli the sentence in absentia.
Magistrate Demicoli noted that the law allowed the courts to hand down detention sentences in cases of contempt of court. But the law did not include failing to appear in court as part of the definition of contempt.
Lawyers Noel Bianco and Jason Grima defended the accused.