Issue link: https://maltatoday.uberflip.com/i/1501789
4 NEWS maltatoday | WEDNESDAY • 21 JUNE 2023 4 NEWS Tempers flare in 'Lilu King' bail submissions in court MATTHEW AGIUS LIBYAN boxer Mohammed Ali Ahmed Elmushraty's request for bail was rejected by the court on Tuesday. In decrees handed down late in the afternoon, the court rejected Elmushraty's bail request and de- creed that it had seen sufficient prima facie evidence to merit El- mushraty's indictment. The testimony heard so far indi- cates there was a case for him to answer, ruled the court. "There was no doubt that the crime being dealt with was wid- er in scope and involved more individuals than those presently charged," said the magistrate. Quoting ECHR cases, the mag- istrate said that in cases involving organised crime, the risk of a re- leased defendant could pressure or intimidate others was greater. This could create an obstacle to the ongoing investigation, said the magistrate, also observing that Elmushraty is accused of having breached two sets of previously imposed bail conditions and that a witness had already been ap- proached and told how to testify. Besides this there was the real risk that Elmushraty would ab- scond, said the magistrate. The court went on to observe that his refugee protection was presently revoked and for the time being Elmushraty could not be al- lowed to freely circulate in society for these reasons. Proceedings on bail came un- stuck over the course of three hours, with incrementally strident submissions culminating in the unseemly spectacle of Elmushra- ty's lawyer suggesting that the magistrate was discriminating against his client. At the start of the sitting, de- fence lawyer Franco Debono informed the court that he had filed a note this morning regard- ing a possible extradition request from Libya. "The Libya allega- tion should be treated with great circumspection," he submitted, pointing out that the North Af- rican country had been ravaged by civil war for the past 10 years and the respect for Elmushraty's human rights could not be en- sured there. Elmushraty had been granted refugee status in Malta, Debono pointed out, stressing the principle of non-refoulment and arguing that the defendant should not be returned to "likely torture and execution." He also declared that Elmushra- ty was "strenuously rebutting" the contents of a document exhibited yesterday by Inspector Robinson Mifsud, about the defendant be- ing wanted to face murder and drug trafficking charges in Libya. Prosecutor Antoine Agius Bonni- ci argued that the compilation of evidence was not the correct fo- rum to make such requests. Sara Ezabe, from the Interna- tional Protection Agency, said El- mushraty filed his asylum claim in October 2015, saying he had been tortured in prison for three years as his father had been a coroner in the former Gaddafi regime. His refugee status was renewed in 2018, remaining valid until 2022, but Elmushraty failed to renew it within 12 months of its lapse and so it was revoked on 26 May 2023. Ezabe could not confirm Debono's assertion that El- mushraty had filed another ap- plication for refugee status on 9 June, which was currently still pending. The witness said there was no record of this in his file, but would testify again at a lat- er date after checking with the agency's records. A police officer stationed at St Julian's testified knowing El- mushraty "from the gym" and see- ing him socialising with friends in Paceville. He said he had not been paid for some €2,000 worth of re- pairs carried out on a car brought to him by Elmushraty. A car dealer said Elmushraty had approached him to sell two cars earlier this year – a grey Mercedes E-class and a BMW X6 – for €40,000 and €20,000 respectively. Eventually he bought the Mercedes, registration number 1KING, for €35,000. After paying €5,000 in cash up front, the deal- er noticed the car did not actual- ly belong to Elmushraty when he found another man's name on the loan documentation. Another car dealer said he was still owed €10,000 on repairs he carried out on a Range Rover be- longing to the defendant, who had only paid a €5,000 deposit through a third party called A&I Catering Ltd. Prima facie against Elmushraty Franco Debono denounced the case against his client as a "fishing expedition par excellence", saying he saw no evidence to support the money laundering charges. "Pri- ma facie sets a very low bar for evidence and the prosecution has not even surpassed this hurdle," he argued. No drugs had been found, Debono added, with the "worst case scenario" being tax evasion, and that the lapse of the defend- ant's refugee status was an admin- istrative matter. He also said it was dangerous to rely on documents originating in Libya. "I think this is very worry- ing," Debono said. "God forbid we accept evidence from a country which wants to torture him." "The prosecution is very far away from proving its case. Drugs? Nothing. Money laundering – are we going to start charging people with money laundering over tax issues? Nothing had emerged to support the charge of organised crime either." Replying to the defence, pros- ecutor Antoine Agius Bonnici said there was a contradiction in Debono's submissions. "On one hand he is saying how low the bar is, and on the other he is expect- ing the prosecution to prove their case before prima facie is given." He said the investigation was still ongoing and civilian wit- nesses were still being spoken to. "The evidence is weak because we aren't required to prove the case beyond reasonable doubt at this stage," he said. He accused Elmushraty of hav- ing no source of income while living an extravagant lifestyle, spending around €4,000 a month. "These all show the unexplained wealth and criminal activity charges were proven to a prima facie level." The court had been shown ev- idence from Interpol about in- vestigations carried out in Libya, to demonstrate to the court that there was evidence in other ju- risdictions which the prosecution was currently trying to obtain. Organised crime is not limited to drug possession, said the pros- ecutor. "Here we have a criminal organisation. There is a structure. We aren't only talking about the defendant. This is why we brought a witness to testify about the sur- veillance operation. This was in- tended to show the defendant's connection to persons involved in organised crime." He said Elmushraty's business partner was a well-known drug trafficker, and had been charged with that offence in the past, Agius Bonnici said. "In organised crime, the top figure, the ringleader, nev- er appears. He's like a ghost." In his counter arguments, Debono accused the prosecution of using "two weights and two measures" in dealing with his cli- ent. "When you arraign people, the investigation should be complete. This exception is becoming the rule. Just because prima facie is a low level it doesn't mean you can only bring the lamest evidence during the first month," remind- ing the prosecution that it was obliged to disclose all the evidence it had in hand from day one. Bail submissions The defence provided an address where Elmushraty would reside if granted bail and pointed out that he had returned from abroad of his own free will. Debono reiter- ated his call for the introduction of electronic tagging. "This is a measure that has been used by other countries for decades and which creates a balance between the rights of the accused and the interests of the State." But Agius Bonnici said El- mushraty had been granted bail in previous cases and had gone abroad in spite of his bail condi- tions, even posting videos of this breach, said the prosecutor, con- cluding that it was unlikely that he would obey bail conditions this time. "A witness in this case has al- ready been suborned," he added "so the risk is a real one." Debono invited the court to "keep in mind that the law is equal for everyone." "It is the same for Adrian Hill- man and Ryan Schembri, and the same for Elmushraty," he needled. Magistrate Donatella Frendo Di- mech, who had dealt with both of those cases, informed the lawyer that it would not be influenced by this comparison. An unpleasant exchange be- tween Debono and the magistrate ensued. "So I don't have the right to men- tion cases decided by these courts, which were reported publicly?" asked the lawyer. "If you are trying to imply that this court is not applying the law equally, I can assure you that it abides by the maxim 'la legge e uguale per tutti' (the law is equal for everyone)," the magistrate snapped back. Frendo Dimech explained that in the case against Ryan Schembri, bail had only been granted eight months into the proceedings. Agius Bonnici added that Adrian Hillman's arraignment came after a four-year inquiry with 24 boxes of evidence exhibited. Police Inspectors Mark Antho- ny Mercieca, Alfredo Mangion and Tomjoe Farrugia are pros- ecuting. Prosecutors Antoine Agius Bonnici and Dejan Dar- manin represented the Office of the Attorney General in the pros- ecution of Mohamed Ali Ahmed Elmushraty. Lawyers Franco Debono, Mari- on Camilleri and Francesca Zarb are defence counsel to the defend- ants. Mohammed Ali Ahmed Elmushraty