Court seizes part of man's bail bond in first application of new law

A court has seized only part of a bail deposit pertaining to a man accused of breaching bail, in one of the first applications of a new law giving courts this option.

Act XXIX of 2021, which was introduced earlier this month, gives courts discretion in cases of breach of bail on whether to seize the entire bail bond or just a part of it. Previously, under the old law, any breach of bail would have made the forfeiture of the bail guarantee automatic, even for minor infringements.

Ryan Falzon, 22, of Qormi, had been arrested in a police roadblock last week after he was spotted outside in breach of a court-imposed curfew. Cocaine was also found hidden in his shoe. He was on bail after being charged with selling cocaine to a 17-year-old in Paceville in 2019.

In her judgement on the case, Magistrate Gabriella Vella observed that Falzon had pleaded guilty to the charges and that the amount of drugs found in Falzon’s possession had been small. The court said that in the circumstances at hand, namely that the amount was small and that the prosecution was not insisting on re-arrest, it should seize only part of the man’s bail deposit.

For this reason, the court found Falzon guilty of cocaine possession and breaching his bail conditions, sentencing him to probation for two years and ordering the forfeiture of €100 from his €500 bail deposit.

Inspector Jonathan Ransley prosecuted. Lawyers Franco Debono, Marion Camilleri and Francesca Zarb were defence counsel.