Woman jailed, loses bail bond after breaching court-imposed conditions
A woman from St Paul’s Bay has been jailed for four months and has lost a €5,000 bail bond after she was found guilty of breaching a court-imposed curfew, part of her bail conditions from other proceedings in which she is accused of attacking a police officer.
Saida Agius Idy, 42, was on bail for allegedly assaulting a police officer in Paceville last January. Her bail conditions stipulated that she was to be indoors by 9pm, but police said they had found her in Paceville at 9:40pm.
Agius Idy, who had not spoken to a lawyer, conducted her own defence yesterday morning – a decision she was made to confirm three times before the magistrate allowed her to do so.
Presiding, Magistrate Neville Camilleri explained to the woman that she faced between four months and two years in prison and the confiscation of her deposit if found guilty, but she insisted on defending herself.
Police Inspector Joseph Xerri summoned Inspector Leeroy Balzan Engerer to testify. Balzan Engerer said that a police patrol in Paceville had spotted Agius Idy outside the Nordic Bar. The woman had gone up to the police officers to tell them, “Look how slim I’ve become,” he said.
She was recognised by an officer who contacted his superiors to check on the woman’s bail conditions. She was found to be out past her curfew and immediately arrested, he said.
The woman pleaded not guilty to the charge.
A police officer testified that at 9.40pm he had seen the accused who had previously been charged with attacking the police on St Rita’s Steps in Paceville. He confirmed that she was out past her curfew, before informing her that she was under arrest. “She said, ‘You can arrest me whenever and wherever you like,’” he added.
The woman attempted to cross-examine the witness, alleging that she had been manhandled but her question was overruled, as cross-examination can only be about issues raised in the witness’ testimony.
From the witness stand, Inspector Leeroy Balzan Engerer confirmed that the woman’s previous case was still pending before Magistrate Ian Farrugia.
The court explained to the accused that she had a right not to testify, but she chose to do so nonetheless.
The woman, from Morocco, told the court that she had been at Baystreet at around 7.30pm to meet her lawyer, whose surname she could not recall. “I waited for her till around 8.15pm. I knew I should have been at home at 9pm. I always stuck to the curfew. It happened at 8.35pm, I was about to get a taxi to go home when the policeman came up to me. He told me, ‘ Look we caught you outside,’ and grabbed me by my arm. If he hadn’t grabbed me, I would have made it home before the curfew.”
Notwithstanding this, the court found her guilty of breaching her bail conditions, sentencing her to four months in prison and confiscating her bail deposit of €1,000 and her €4,000 bail bond. The court informed the woman that she had a right to appeal the sentence and told her that it was in her interest to speak to a lawyer.
The magistrate invited the woman to give notice of appeal, but the woman told the court that she could not read the form as she didn’t have her contact lenses and chose not to sign it. She had a change of heart as she was being led away in handcuffs. “OK, I’ll sign it,” she said but it was too late. “We aren’t playing around. Your case is over,” was the court’s reply.