Maltese courts ‘violated the rights of convicted murderer’

The human rights of a man jailed for murdering his ex-partner in 2010 were violated when a deposit he was ordered to make to be given bail was beyond his means, the European Court of Human Rights found. Kenneth Gafà, 45, of Marsa, a former jockey, was sentenced to 35 years in July 2015 after pleading guilty to killing Christine Sammut, 40, of Rabat, who he had shot in cold blood outside a Żebbiegħ bar on the evening of December 11, 2010, Mr Gafà was arrested on the same day as the crime and charged with wilful murder two days later. Ten bail requests between his arraignment and August 2012 were rejected. He filed a constitutional case in view of his prolonged detention, but the court rejected his claims and his appeal was thrown out. When, by law, he could not be detained any longer, the court granted bail on a number of conditions, but he was unable to afford the deposit. His mother hypothecated a property she jointly owed so she could stand as personal surety in the amount set by the court. Mr Gafà was released from custody in early August 2013 after 32 months in detention. Less than a year later, he was found guilty of breaching bail conditions and remanded in custody again.