Croatian tourist freed after court rules week-long detention at Malta airport unlawful
Blazenko Djuran, 61, was jailed after a bomb quip in a Ryanair queue at Malta airport. A habeas corpus bid secured his release after his guilty plea was rejected.
Croatian man held a week over airport bomb remark wins habeas corpus bid
A Croatian tourist detained for a week following a flippant bomb remark at Malta International Airport has been freed after a court found his continued detention unlawful, maltatoday.com.mt reports.
Blazenko Djuran, 61, made the remark — "It's not like there's a bomb in it" — while standing in a Ryanair boarding queue after staff told him his bag was too large to take on board. He was subsequently charged with, among other things, spreading false news likely to alarm the public.
His legal team — José Herrera, Martina Herrera, and Matthew Xuereb — filed a habeas corpus application, the legal remedy available to anyone who believes they are being wrongfully detained. They argued that Djuran had "every right to admit the charges at his arraignment and be sentenced there and then."
At his arraignment a week ago, Djuran told the court he wished to plead guilty. Magistrate Abigail Critien, however, put that plea to one side after Djuran faltered under questioning, saying he did not fully understand what pleading guilty meant and that it was his first time in court.
"I will not accept a guilty plea from someone who does not know what he is charged with," the magistrate said, entering a not guilty plea on his behalf instead.
Later during the same sitting, Djuran attempted again to enter a guilty plea. "I am informed of what I am charged with. I am guilty," he told the court. The magistrate maintained her position, saying his earlier hesitation made it wiser to err on the side of caution.
No bail application was made at that stage. His legal aid lawyer acknowledged that Djuran had no ties to Malta, and he was remanded in custody.
In the habeas corpus application, his lawyers insisted that Djuran was "steadfast in his wish to admit" to the charges, and that both the lawyer present that day and court interpreter Imelda Fede could confirm this. They argued that his admission had been "illegally" set aside, rendering his preventive custody unlawful. Because his detention flowed directly from that decision, they said, it was itself without legal basis.
The court accepted the application and ordered his immediate release.
Source: Times of Malta