Daniel Muka and Viktor Dragomanski, two men charged with the shocking double murder of Christian Pandolfino and Ivor Maciejowski, could be released on bail next week with the compilation of evidence dragging on almost 20 months after the horrific crime. 

A bill of indictment is yet to be released against either Muka or Dragomanski. Without an indictment, the presumption of innocence prevents any person from being held against their will for such an extended period, no matter the crime.

The Maltese courts have set this limit at 20 months. However, never-ending delays in Malta’s poor judicial system mean that many criminals are able to walk out of prison pending their drawn-out cases. 

Muka himself was out on bail for the attempted murder of three police officers and a jewellery heist when he allegedly murder Pandolfino and Maciejowski. He was granted bail because of the 20-month limit.

However, sources have told Lovin Malta that a bill of indictment could be issued at the 11th hour keeping the two men behind bars for the time being.

The issue is nothing new. Andrew Mangion, the man charged with murdering his estranged partner Eleanor Mangion Walker in 2016, was even let out bail for a violent robbery he committed while out on bail for the murder.

Delays in Malta’s courts is a major issue plaguing the country. While figures for the length of criminal cases is not immediately available, a 2020 EU study of Malta’s courts found that its delays are some of the longest in Europe.

It takes an average of 2,250 days to resolve a money laundering case, 1,100 days to resolve a civil suit if it goes to appeal, and 1,000 days for administrative matters. In each instance, Malta tops the list by some margin.

Some compilations of evidence in criminal cases take decades, with Lovin Malta recently shedding light on the case of Mason Nehls, the youth who has been waiting 11 years for his case to be heard in court.

A compilation of evidence must be concluded within one month, according to Maltese law, but the rule is seldom followed. Extensions are regular and Malta’s courts are obliged to release a person on bail if a bill of indictment is not issued, with the presumption of innocence reigning supreme.

Delays should not be a major surprise, with lawyers regularly deferring cases and creating significant backlogs in Malta’s courts. Meanwhile, human resources remain worryingly low with Malta having some of the lowest number of judges per 100,000 inhabitants, despite having one of the largest number of lawyers per 100,000 inhabitants.

Pandolfino and Ivor Maciejowski were murdered late at night in their Sliema home on 18th August 2020 in a suspected robbery. Three men have since been charged with the murder; Jesper Kristiansen, Daniel Muka and Viktor Dragomanski.

Kristiansen was arrested a few months after fleeing the country, meaning that his 20-month limit expires in a few months’ time. 

What do you think of Malta’s court system?