Kenneth Gafa has again been denied bail as he is unable to put together the bail money ordered by the Magistrate.
Gafa, 39 of Marsa has been kept under preventive arrest for the past 30 months. He pleaded not guilty to the murder of his former 30-year-old girlfriend Christina Sammut on 11 December 2010 in Mgarr. The court had granted bail against a deposit of €15,00 and a personal guarantee of €25,000. However Gafa was not able to come up with the money.
The accused has filed numerous claims and appeals stating the court cannot keep him indefinitely under preventive arrest. Mr Justice Michal Mallia has today upheld the decision previously taken by Chief justice Silvio Camilleri together with Judges Giannino Caruana Curran and Noel Cuschieri. The First Hall of the Civil Court had denied the accused bail fearing Gafa could tamper with the evidence.
Kenneth Gafa stated the amount of requested bail money was put of proportion and after so many months in prison he could not pay up.
Mr Justice Michael Mallia argued the accused had previously occupied various jobs. He worked as a bus driver, a horse trainer and other employments but has not worked during his prison term. Never the less he had failed to produce declarations of his assets showing he had no resources to pay for bail.
The accused had presented a copy of his self assessment form to the court of magistrates, but failed to declare any property he owns or declarations he had no one ready to stand as his guarantor. The court held Gafa did not faithfully furnish sufficient information for the court to note his financial situation. "If he never satisfied his obligations, now he cannot complain the court is being unjust", Judge Mallia said.
The constitutional court threw out Gafa's appeal. mr Justice Mallia concluded that given the seriousness of the crime and the punishment it entails the Constitutional Court deems the decisions concerning Gafa's bail, taken by the Criminal Court as being justified.
Dr Giannella De Marco is appearing for the accused.