Issue link: https://maltatoday.uberflip.com/i/1514895
3 maltatoday | WEDNESDAY • 24 JANUARY 2024 NEWS MATTHEW AGIUS magius@mediatoday.com.mt CONTINUED FROM PAGE 1 During the past months, Engerer has stood out as one of the few people within Labour who publicly voiced his disagreement on a number of issues. Engerer had called on government to return a par- cel of garigue land in Mellieħa back to the public af- ter a tender had been issued by the Lands Authority to hand it over to developers. The Labour MEP is also one of the vocal pro-choice Labour representatives when it comes to abortion. Abela also hinted that the Labour Party will have a Gozitan candidate for next June's MEP elections. He was answering the media's questions one week after Gozitan MEP Josianne Cutajar announced that she would not be contesting the election. Responding to MaltaToday's questions on whether there will be a Gozitan candidate for the MEP elec- tions, Abela said that candidate nominations are still open. Speculation surrounding Cutajar's replacement as a Gozitan MEP has been rife following her resignation, especially since Abela reached out to ex-Gozitan MP Justyne Caruana in an attempt to reintegrate her in- to the party for the second time. Caruana had resigned from her post as education minister after she was caught giving a €15,000 con- tract to her partner who was unsuitable for the job. Abela was speaking to journalists following a spe- cial cabinet meeting at Siġġiewi's Dar tal-Providen- za. This article is part of a content series called Ewropej. This is a multi-newsroom initiative part-funded by the European Parliament to bring the work of the EP closer to the citizens of Malta and keep them informed about matters that affect their daily lives. This article reflects only the author's view. The action was co-financed by the European Union in the frame of the European Parliament's grant programme in the field of communication. The European Parliament was not involved in its preparation and is, in no case, responsible for or bound by the information or opinions expressed in the context of this action. In accordance with applicable law, the authors, interviewed people, publishers or programme broadcasters are solely responsible. The European Parliament can also not be held liable for direct or indirect damage that may result from the implementation of the action. Abela hints Labour will have Gozitan candidate for MEP elections Robert Abela ALL evidence and testimony previous- ly gathered in the proceedings against Mohamed Ali Ahmed Elmushraty, better known by his nickname "Li- lu King," is to be re-heard, after drug trafficking charges were added this morning. Elmushraty had been charged with money laundering, tax evasion and participation in organised crime, in May last year. Over the course of the compilation of evidence against the Libyan boxer-turned-minor-In- stagram-celebrity, the defence had repeatedly taunted the prosecution for not having exhibited evidence to substantiate the charges of money laundering and participating in or- ganised crime, involving drug traffick- ing. At one stage, the court, too, had expressed disappointment at the lack of compelling evidence to back up the charges. His lawyers reacted with anger and surprise when the court read out and upheld the Attorney General's re- quest, asking for the offence of drug trafficking to be added to the charge sheet, this morning. The maximum sentence for drug trafficking is impris- onment for life. Lawyer Jose Herrera protested that he hadn't been notified with the AG's application, but was given short shrift by the court, which replied that the de- fence has access to the acts of the case and would be given sufficient time to reply. "The court registrar shouldn't have to send them here and there," he said. As a new charge was being added, the charges, as amended, would have to be read out and Elmushraty would have to enter a plea again. This is not an uncommon occurrence in criminal proceedings and what normally fol- lows is the defence consenting to ex- empt the prosecution from having to exhibit all of its evidence and summon all its witnesses from scratch. That is not what happened today, however. When the sitting reconvened after a pause to allow the defence to ac- quaint itself with the new charges and formulate its response, lawyer Franco Debono informed the court that the defence had previously objected to a similar request that had been made verbally and subsequently rejected by the court as it had not been made in writing. "But now that it's been made in writ- ing, the court must allow us to make submissions on it," Debono added. He argued that because the prosecu- tion had filed a document containing a request, this qualified as an applica- tion and so the defence had the right to make submissions. Herrera accused the prosecution of trying to shore up an unfavourable position, after finding that they didn't have a leg to stand on. "These are exceptional circumstanc- es which I have never encountered in my career," said the lawyer, prompting the court to point out that the circum- stances were "actually very common." After a great deal of back and forth, the court upheld the request for the addition of the charges, ordering they be read out and confirmed on oath again. Herrera and Debono immediately objected, Herrera arguing that "now, at this moment there are no proceed- ings against Elmushraty, and so he must be released from arrest." "He spent eight months under arrest in an abusive manner and will sue the State for damages!" shouted the lawyer. The magistrate pointed out that the charges themselves stated that the defendant was being presented under arrest. Debono argued that between the court's acceptance of the charges and their reading out, the defendant "was in limbo" as the proceedings against him had not started. Therefore, his ar- rest and detention were illegal at that stage, submitted the lawyer. Moreover, since Elmushraty had been re-arrested, the defence request- ed bail, arguing that Elmushraty was under arrest "for nothing," because the prosecution had subsequently "moved the goalposts." "It is illegal, abusive and contrary to the defendant's human rights," Herre- ra said. The prosecuting lawyer from the Office of the Attorney General re- butted that the law explicitly allowed the prosecution to add charges at this stage, adding that "the risk of him tam- pering with evidence has now tripled," his voice almost drowned out by Her- rera's shouts of "shame!" Elmushraty's request for bail was re- jected in a decree handed down later on Tuesday. AG adds drug trafficking charge against Lilu King Mohamed Ali Ahmed Elmushraty, better known by his nickname "Lilu King."