A constitutional court yesterday ruled that an application filed by the Police Commissioner to revoke a man’s bail after he had already pleaded guilty to breaching his bail conditions, was in breach of his human rights because a person cannot be tried twice for the same offence.
The First Hall of the Civil Court, in its constitutional jurisdiction, presided over by Mr Justice Raymond Pace, ruled that the application for the withdrawal of Kevin Gatt’s bail was in breach of his human rights and ordered that the acts of the case are sent back to the magistrates’ court for a final ruling.
The court heard how Mr Gatt appeared in court accused of a number of crimes on 4 September 2006. He was remanded in custody after he pleaded not guilty, but on 20 September magistrate Antonio Vella granted him bail against a number of conditions.
However, on 6 November 2006, Mr Gatt was again charged with breaching his bail conditions after he was caught outside his house when, according to his bail conditions, he had to be at home. He pleaded guilty to the charge brought against him, and the court fined him Lm500 and jailed him for a month.
On 8 November, the Police Commissioner filed an application requesting the court to revoke the man’s bail against his Lm2,000 personal guarantee.
However, Mr Gatt’s defence lawyers, George Abela and Robert Abela, requested the magistrates’ court to the refer the case to a constitutional court because they claimed that the Police Commissioner’s request was anti-constitutional and breached their client’s human rights.
In handing down his judgement, Mr Justice Pace noted that the application would breach Mr Gatt’s right not to be tried twice for the same offence as he had already been jailed for a month and fined Lm500 for breaching his bail conditions.
Mr Justice Pace explained that this request would breach Mr Gatt’s constitutional rights and also the European Convention on Human Rights and, as a result, ordered that the case be sent back to the magistrates’ court to dispose of the case according to this judgement.