Man who visited prohibited area with his lawyer did not breach bail conditions, court says

A man whose bail conditions prohibited him from going to a part of Xaghra where he had allegedly tried to run a woman over, has been acquitted of breaching bail because he was only showing his lawyer the area.

A court in Gozo acquitted Joseph Bajada of Xewkija of having breached his bail conditions earlier this week after he was caught on camera in the Ghajn Lukin area of Xaghra on 3 July. Bajada had been released on bail against a €10,000 guarantee for allegedly trying to run over a woman with his tractor in the Ghajn Lukin area in July 2019.

His bail conditions stipulated that he was not to go to Ghajn Lukin.

Bajada’s lawyer Christian Camilleri, did not contest the fact that there was footage of the man in the area on 3 July between 9:30am and 10:00am, but explained that he had gone there with the accused. The man’s intention was not to challenge the court’s authority but to point out to his lawyer certain facts which were important to his defence in a pending civil case. The court observed that the men had gone to the area directly after a court sitting.

The court, presided by magistrate Brigitte Sultana also noted that the man had cooperated fully with the police and had not breached any other condition imposed on him by the court.

He was acquitted, with the court making it clear that this would not be the case if he did so again. Next time he wanted to go to the area, he was to request the Court to modify his bail conditions.