The two men who were discovered hiding in a tunnel beneath the new Parliament building jumped over two gates to enter the restricted zone they were found in, a court heard today.

When they were arraigned earlier this month, the two claimed they were seeking shelter from the rain.

Police constable Stephen Grech who found them while he was patrolling the area said they did not offer any resistance. 

He was testifying in the compilation of evidence against Eman Zammit, 36, and Clayton Fava, 28, both unemployed and from Żabbar who stand charged with the attempted theft of tools which are stored in the area, for having gained access to a public building without the necessary permits and relapsing.

PC Grech said he found the two men “roaming around”, adding that although they told him they were sheltering from the rain, he said that there were other places they could have sought shelter in and did not need to go through the trouble of having to jump over two gates. 

Magistrate Joe Mifsud, who is presiding over the case, noted that although the men had been charged with attempting to steal tools that were stored in the tunnel leading to Parliament's basement, no evidence had been brought forward to sustain this charge. 

He also said that despite the impression that had been given, there was no evidence to prove that there was any threat to Parliament's security. 

Prosecuting Inspector Jeffrey Scicluna insisted on an effective jail term but lawyers Franco Galea and Matthew Bondin opposed his suggestion to the courts, saying this would send their clients "from the frying pan into the fire". 

Dr Galea said Mr Zammit had followed three drug rehabilitation programmes but had not managed to kick the habit. He said it would be better if the court imposed a suspended jail term and appointed a probation officer to guide him and help him address his problems. 

Magistrate Mifsud told the two defendants that they had drug problems that needed to be addressed. "I cannot send you both back out there with the risk of an overdose. The drug rehabilitation programmes are not only there to help you kick the habit but to help you increase your confidence and help you face society away from crime. If it was raining, you should have found a bus stage to shelter," he said. 

He once again denied their request for bail and put off the case for judgment to September 1.