Suspected drug traffickers' bail confirmed on appeal

The Criminal Court has rejected the Attorney General’s appeal against bail being granted to three men accused of smuggling 1.5kg of cocaine.

Earlier this month, Tristan Pisani, Annajar Osama Soleman and Boulqassim Khalleefah Aboulqassim Almmigheerbi had been arraigned in court on charges of conspiracy to traffic cocaine, possession of cocaine and money laundering offences. Pisani was separately charged with the possession of cannabis plant and resin, as well as with being a recidivist.

The men had been arrested after police had been tipped off about a drug deal that was going to take place in Kirkop.

Officers had come across the three men inside a vehicle, later found to be registered in the name of the wife of one of the suspects. A bag containing one and a half kilos of cocaine and €63,000 in cash was found stashed under the passenger seat.

After their arraignment, the trio had been granted bail, Pisani and Soleman being released against a deposit of €10,000 and a personal guarantee of €20,000, while Almmigheerbi was given bail against a deposit of €5000 and a €25,000 personal guarantee. 

The Attorney General had filed an appeal against the decree, requesting the men’s immediate re-arrest, arguing that not only were there witnesses who had yet to testify but also because the “charges were so serious that bail should not be granted.” There was a risk of the Libyans absconding existed, while Pisani was also a recidivist, it was argued.

After hearing submissions on the matter, judge Edwina Grima, presiding the Criminal Court, rejected the appeal, the judge pointing out that the first court had exercised its discretion correctly by imposing stringent bail conditions which all three of the persons charged had so far adhered to.

Moreover, the main witnesses were police officers and court experts, the court declared, dismissing the AG’s argument that Pisani had an unruly character, the court noted that after

his conviction in 2014 over simple cannabis possession and a traffic offence, Pisani had not broken the law.

Handing down judgment in the three separate appeals, the court observed that its job was to investigate whether the court of first instance had exercised its discretion incorrectly both on a legal and factual basis. “This court immediately pronounces that it sees no reason to move away from the opinion of the first court.”

Lawyers Franco Debono and Marion Camilleri appeared for Soleman and Almigheerbi.  Lawyer Roberto Montalto represented Pisani in the proceedings.