Issue link: https://maltatoday.uberflip.com/i/1045682
maltatoday | WEDNESDAY • 31 OCTOBER 2018 3 NEWS MATTHEW AGIUS MAGISTRATE Joe Mifsud has granted bail to Alfred and George Degiorgio on money launder- ing charges. A third accused, Anca Adelina Pop had been granted bail in a previous sitting. The compilation of evidence against brothers Alfred and George Degiorgio and George De- giorgio's partner Anca Adelina Pop continued yesterday. The three are all being accused with a series of money laundering-related offences. The two brothers, Alfred Degiorgio, 'il-Fulu', and George Degiorgio, 'ic-Ciniz', are accused of the murder of journalist Daphne Caruana Galizia. Citing a draft of case law the magistrate said it was the exception not the rule that a person is de- nied bail. In view of the fact that nine sittings had been held and 44 witnesses heard, the magistrate decreed that the men could be released against a personal guarantee of €30,000 and a deposit of €20,000 each. The court said it had no access to the case about the murder of Daphne Caruana Galizia and the case was distinct. The court's decision did not bind other courts, said the magistrate. Irrespec- tive of the decision, the accused will not be re- leased from arrest, due to the separate, ongoing, murder proceedings. Lawyer David Gatt appeared for Adelina Pop while lawyer William Cuschieri appeared for the Degiorgio brothers. Degiorgio brothers granted bail in money laundering case CONTINUED FROM PAGE 1 In a six-page reply, Ellis says that he "truly did not understand" the nature of the complaint made by Debono's lawyer, Franco Debono, as this was not specified in the court's pronounce- ment. He said that if it was about it describing Liam Debono as guilty "this could not be further from the truth." This was made clear in the article, im- mediately after the sec- tion complained about by Debono. "The undersigned wanted in no way to attack the presumption of inno- cence of the accused, rather he want- ed to affirm it in the most emphatic manner possible." Ellis described Debono's selective quoting was "un- explainable." To this end he reserved the right to present a complaint against Debono before the competent organ, "more so after the same Debono declared with the undersigned on the telephone twice on 28 October that it was not he who had made the submission in question but that it was dictated by the court, something which the un- dersigned is convinced is not the case." On the court's an- nouncement that it would, if necessary, refer the case to the Commission for the Administra- tion of Justice, Ellis pointed out that it was implicit in our system that a court decision can be con- tested and appealed. Quoting legal texts, he said the criticism of the court was "legitimate, wanted and expected" in a democrat- ic society. The order under section 517 of the Criminal Code prevents the publica- tion in writing, but not audiovisual means, of the crime or the accused, the lawyer. This meant that any re- striction imposed by the court in this manner was limited to "writing point- ed out, printed or otherwise." Quoting the European Court of Hu- man Rights in The Sunday Times vs United Kingdom the lawyer said that the court was not faced with a choice between two conflicting principles (freedom of expression and freedom from prejudice in court proceedings) but a "principle of freedom of expres- sion that is subject to a number of exceptions which must be narrowly interpreted." Citing more authoritative scholars, the lawyer said that not only does the press have the task of imparting such information and ideas, with regards to the print medias as well as the audio visual media, the public also has the right to receive them. "Were it oth- erwise, the press would be unable to play its vital role of public watchdog." Ellis said that although the court's intentions were undoubtedly good, there were serious doubts as to whether the order, preventing the broadcasting of the interview was compatible with Article 10 of the European Convention on Human Rights and did not infringe the fun- damental rights of all Maltese citi- zens. "From this it follows that even the undersigned is affected by this order and has a direct interest in contesting it." The lawyer asked the court to refer the issue to the First Hall of the Civil Court in its Constitutional jurisdic- tion for a decision on the matter. Ellis wants issue referred to the constitutional court Lawyer Joseph Ellis