Yesterday, the men filed an application in court to be granted bail after the next hearing of their case. At their arraignment, the men were refused bail due to a number of issues brought up by the prosecution.
The court claimed they did not have a fixed residence in Malta and there was the possibility they might flee. Prosecuting officers Noel Cutajar and Johann Joseph Fenech also said the accused may tamper with evidence and considering the gravity of the offences they were accused of, their request for bail should be denied.
The application filed yesterday said the company that owns the Verlaine, the vessel involved in the incident, made sure the men were to be given indefinite accommodation in Malta, to guarantee they had a fixed residence.
“It is not fair to assume that the applicants are absconders simply because they are foreigners,” the application continued.
If all official documentation, including their passports, are taken from the men, there will be no way they can leave the country.
The criminal charges mentioned that although the men were Dutch they did not have a fixed residence in Holland. In the application, it was clarified that the men are German not Dutch.
There can also be no fear of the men tampering with any evidence since the cargo-ship and all its crew has left Malta and most of the prosecution’s witnesses are court appointed experts, the application stated.
The prosecution claimed the men were denied bail due to the seriousness of the offences they allegedly committed. This claim holds no ground, the application said, because the crimes they were charged with were involuntary.
The application said the men were charged in court while the magisterial inquiry was still under way. They were surprised by the charges pressed against them as well as with the hostility shown towards them.
Both the men are professionals and have worked for the same company for decades.
They have clean records and the application stated they will be presenting the court with witnesses and other evidence to prove they are serious and trustworthy individuals.
Considering all the issues mentioned in the application, the men have demanded the court grant them bail after the next hearing of their case, which is due tomorrow. They are ready to adhere to any conditions the court may impose on them.