Court declares arrest invalid for man remanded in custody over lack of fixed residence

The court has declared the arrest of a 33-year-old man invalid, ruling he possessed a valid temporary residence where he was living with his wife and children in Malta.

The decision was delivered on Thursday following the arraignment of Ali Hasan Ueso who currently holds a Bulgarian passport.

Ueso was brought to court under arrest, facing charges of driving a Toyota Prius Hybrid without wearing a seatbelt, driving without a valid license or insurance, and driving a vehicle without the consent of its legitimate owner.

He pleaded not guilty to all charges.

The prosecution originally justified the arrest on the grounds the accused did not have a fixed address in Malta, making the arrest necessary to secure his arraignment.

However, defence lawyers contested this claim, explaining the accused was actively residing with his family.

The defence pointed out that following the initial traffic stop, police officers actually escorted Ueso to the residence where his wife and children legally live in Malta so that he could retrieve his documents so that he could be identified.

Upon arrival, Ueso was able to immediately retrieve and present his passport from inside the house.

The defence argued it was legally contradictory for the police to arrest a man for lack of a fixed address when they themselves had successfully escorted him home to collect his official documentation.

After hearing the arguments, the court agreed with the defence and declared the arrest invalid.

The court confirmed since the accused was staying at his wife’s residence and that his personal identification documents were found at that exact location, there was no justification to claim he lacked a valid temporary residence while visiting his family in Malta.

The courts decided that given the nature of the traffic contraventions and the clear, verified existence of a local family home, there was absolutely no legal reason that he be kept under arrest.

While the criminal case against Ueso regarding the unlicensed driving and seatbelt violation will still proceed normally, he was immediately released from police custody.

This case was presided over by Magistrate Monica Vella.

Lawyers Matthew Xuereb and Alexander Scerri Herrera appeared for the defence.

Inspector Karen Cassar prosecuted.

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