A Maltese magistrate has ruled that a Croatian tourist was held unlawfully after a sarcastic remark about a bomb at Malta International Airport, and ordered his immediate release.

The Ruling

Magistrate Marse-Ann Farrugia upheld a habeas corpus application on behalf of Blazenko Djuran, 61. She found that a misunderstanding over the word “charges” led to his guilty plea being recorded as not guilty. He had been remanded in custody on 23 October after the original magistrate refused to accept his admission of guilt.

The Incident

Djuran was visiting Malta for two days. At the airport, he clashed with Ryanair staff over his hand luggage, which they said exceeded the permitted dimensions. During the disagreement he allegedly made a sarcastic remark about a bomb in his bag.

What Happened at Arraignment

His legal aid lawyer, Nadya Fiott, testified that Djuran intended to plead guilty from the start. When the magistrate asked whether he understood what pleading guilty to the charges meant, he said he did not know what “charges” meant. Both Fiott and interpreter Imelda Fede said he was confused by the English term, not the accusations or the consequences of his plea. Despite attempts to clarify, the magistrate recorded a not guilty plea, and no bail was requested because he had no fixed address or ties to Malta.

The Prosecution’s Position

The Attorney General opposed the application, arguing that the defence had not shown a specific legal breach. The prosecution said the magistrate had simply used a power available under the Criminal Code when she declined the plea.

The Court’s Findings

The magistrate accepted the lawyer’s and interpreter’s evidence, which had not been contradicted. She found that Djuran understood the substance of the charges and had decided to admit them. The court said the original record was wrong, because it stated he had pleaded not guilty when he had never done so. The magistrate added that the original court could have explained the charges and possible penalties in simple language and paused the case so he could consult his lawyer again.

Why the Detention Was Unlawful

Considering Article 5 of the European Convention on Human Rights, the court found the detention disproportionate. Factors included the language barrier, the relatively low maximum sentences for the charges, and Djuran’s status as a tourist without a fixed address. The court declared the detention unlawful and ordered his release.

Lawyers for Djuran: José Herrera, Martina Herrera and Matthew Xuereb.