Real estate agent accused of rape granted bail

Ashraf Elshenawy, who is pleading not guilty to charges of rape, kidnapping, threats, and causing a woman to fear that violence would be used against her, was released from preventive custody on Monday under a number of strict bail conditions, including that of electronic tagging.

The case dates back to 12 May, when police received an urgent notification from Mater Dei Hospital informing them that a woman had been admitted to the emergency department following an alleged sexual assault.

After the woman provided a sworn statement, police obtained an arrest warrant for Elshenawy on 14 May.

Elshenawy had initially been remanded in custody following his arraignment on 21 May, when the prosecution objected to bail on the grounds that the alleged victim still had to testify in open court and that the accused did not have a reliable fixed address.

Police failed to locate him at a number of addresses linked to him before data localisation led officers to a property in Birkirkara, where he was arrested.

At his arraignment, the defence argued that the fact police had searched several addresses did not necessarily make Elshenawy a flight risk, pointing out that he was married, had two children and was employed as a real estate agent.

Bail conditions

The court ordered Elshenawy to deposit €10,000 and provide a further €10,000 personal guarantee. He must sign the bail book at a police station every day and observe a curfew between 6pm and 8am.

In addition to a protection order already issued in favour of the alleged victim, the court imposed a monitoring order, with Elshenawy to be electronically monitored by LESA through an electronic tag.

The defence had also suggested electronic monitoring as an alternative to continued detention, in view of the protection order issued in favour of the alleged victim. The court nevertheless denied bail at the time, citing the gravity of the charges.

Escape charge dismissed

Elshenawy's case later attracted further attention after he bolted from a police escort outside the Valletta law courts shortly after his original bail request had been refused.

As he was being escorted from court to a police vehicle following his arraignment, Elshenawy complained that his handcuffs were hurting his wrist. After an officer loosened one of the cuffs, he managed to slip free and ran through Valletta.

He was arrested several hours later after police spotted him in Triq il-Lanċa.

In July, however, a court cleared Elshenawy of the criminal charge of escaping from custody, ruling that he did not legally qualify as a “prisoner” at the time he fled.

Magistrate Nadine Sant Lia found that although he was under arrest and police control, he had not yet been admitted to Corradino Correctional Facility or another designated place of custody.

He was instead found guilty of disobeying lawful police orders after ignoring repeated commands to stop and was sentenced to one month’s detention.

Elshenawy continues to deny the charges relating to the alleged rape and kidnapping.

Lawyer Nicholas Mifsud is representing the accused.

Magistrate Ann-Marie Thake presided over the bail hearing.