A 35-year-old man from Libya this morning was charged with aggravated theft before Magistrate Gabriella Vella. The man, who currently resides in St Paul’s Bay, was also accused of being in possession of cocaine and of breaching bail conditions. The man was caught with drugs on 10 December while the aggravated theft occurred on 27 October.

The court heard how on 10 December, the police went to stop a fight in a bar in St Paul’s Bay. However, the police arrived too late and were informed that the perpetrators had left the building. The police noticed the accused inside the bar. They realised that the man was breaking the curfew imposed on him by the courts.

Upon searching the man, the police found a packet of drugs hidden in the his mouth. He was arrested and later questioned over his involvement in a theft which occurred in October. The man was later taken to Mount Carmel hospital as he had ingested a number of pills.

The accused pleaded not guilty to the charges brought against him.

The prosecution objected to the defence’s request for bail, given that he was in breach of bail conditions, that there were civilians still needing to testify, and due to the gravity of the charges.

The defence in turn argued that since the theft had allegedly taken place on October 27, if the accused had to abscond, he would have already done so. With regard to the 10 December charge of carrying drugs, the defence argued that the man was arrested for simple possession and would not have even resulted in an arraignment before a magistrate, but instead before a tribunal for contraventions. The defence lawyer also argued that the breach of bail would only result if the accused was found guilty of the crime of theft.

The prosecution made the argument that the man was a foreigner without fixed ties to the island. The defence rebutted by saying that the accused was benefitting from full refugee status, and had come to Malta to benefit from protection. There was thus no reason why he would flee back home to Libya.

Magistrate Vella deemed that the accused did not give sufficient guarantees to ensure that he would effectively observe the bail conditions which would be imposed on him, and therefore at this stage of proceedings, the request for bail was rejected.

Lawyer Kathleen Grima appeared for the accused while the prosecution was led by police inspectors Matthew Spagnol and Nicholas Vella.