The Criminal Court has rejected an application filed by the Attorney General seeking to revoke the bail granted to Degiorgio by Magistrate Lara Lanfranco.

Degiorgio, the 21-year-old son of convicted murderer George Degiorgio, was arraigned under arrest on Saturday on charges of possession, trafficking and importation of heroin and cocaine, criminal association and money laundering. He pleaded not guilty.

During his arraignment, defence lawyer Nicholas Mifsud argued Degiorgio had already spent almost two weeks on police bail without curfew or reporting requirements and had voluntarily reported to the police station whenever required.

The lawyer maintained that there was no reason why Degiorgio could not be granted court bail subject to significantly stricter conditions. 

The Magistrates' Court subsequently granted bail against a €30,000 deposit.

The Attorney General challenged the decision. The Criminal Court ordered Degiorgio's immediate provisional re-arrest pending Tuesday's hearing, before ultimately deciding against revoking bail.

In its application, the Attorney General argued Degiorgio had been granted bail at an exceptionally early stage of proceedings despite facing extremely serious charges. It further argued Degiorgio's previous release on police bail did not automatically entitle him to bail in the criminal proceedings, maintaining that the earlier police bail concerned a separate investigation.

The Attorney General also raised concerns that Degiorgio's release could jeopardise the investigation. It pointed out that the garage where the drugs were found had been rented in another person's name, and that person had also been linked to the investigation and was facing separate proceedings.

The prosecution argued that releasing Degiorgio at this early stage could allow those allegedly involved to communicate or collude.

Court cites earlier police bail in rejecting prosecution's request

During Tuesday's hearing, Inspector Jonathan Pace explained that Degiorgio was arrested on 24 September and detained for 48 hours before being released on police bail on 26 September, with instructions to report back on 30 September. When he returned, police extended his bail until 9 October.

After receiving those results, investigators questioned Degiorgio again and subsequently arrested him before bringing him to court.

In her decision, Judge Scerri Herrera observed that despite Degiorgio being investigated over serious allegations, police had previously considered it appropriate to release him on police bail and had subsequently extended that release. The court considered this significant, noting that the prosecution itself had demonstrated sufficient confidence in the accused to allow him to remain at liberty. The judge consequently found no grounds to overturn the decision granting bail. However, she considered stricter conditions necessary in view of the substantial quantity of drugs involved.

The Criminal Court increased Degiorgio's bail deposit by €20,000, bringing the total required deposit to €50,000.

Police inspectors John-Leigh Howard and Jonathan Pace prosecuted, together with Attorney General lawyer Maria Francesca Spiteri.

Defence lawyer Nicholas Mifsud appeared for Degiorgio.

Madam Justice Consuelo Scerri Herrera issued the decree.