Rights of society equal to rights of the accused in bail considerations - court

A magistrate has underlined the rights of society at large, as well as the accused when courts consider requests for bail,

The point was stressed when Herman Sant, 48, was denied bail after being accused in the Gozo court of possession of cocaine and heroin under circumstances indicating that the drugs were not for his personal use.

“The court fears that over the past years, the rights of the accused have been stressed, without sufficient attention being given to all those living within society who also require protection,” Magistrate Joseph Mifsud said.

In his decree, Magistrate Mifsud said that the issue of bail necessarily called for the court to weigh various factors and interests that were not easy to reconcile. The right to personal freedom of the accused had to be considered in the light of the right to life of those who were robbed, beaten and threatened in their homes, streets and shops.

Just as the accused had a right to regain his personal freedom, pending criminal proceedings, so also the state needed to make sure that justice was not hindered, Magistrate Mifsud went on, adding that there was an urgent need for courts to consider not only the right to a fair hearing...