Magistrate Audrey Demicoli yesterday blamed the police for the escalation of a fight between several people during the feast of San Gejtanu in Ħamrun on 10 August four years ago. The magistrate said the police did not handle the situation properly.
Magistrate Demicoli acquitted 15 people charged with fighting, assaulting the police and damaging police vehicles. She said after hearing evidence that the accused had convinced her to the grade of probability, particularly about the situation escalating because of the police.
There were discrepancies in the testimony given by the police who had been on the scene. A superintendent and two inspectors had given different reasons as to why a considerable number of police had been sent to Triq Giovanni Barbara, where the incidents occurred. Different versions were also given by the police about the incidents.
Magistrate Demicoli said one policeman attributed the cause of the incidents to trouble between two families, another to loud music being played. Supt Carmelo Bartolo testified that when the police arrived, the situation was calm.
The magistrate said the fighting worsened because of the way the police had intervened, particularly because of the excessive enthusiasm of a police Major, and the way several policemen intervened. When a policeman arrested reveller Jason James Agius there had been a negative reaction after other people were arrested without grounds, simply for protesting that members of their family were being arrested without justification.
The trouble would have been avoided had the police remained on the scene to ensure that the situation remained calm without telling people to leave. Major Anthony Lia testified he had ordered Jason James Agius to disperse the people, and this did not make sense because Mr Agius could control only his movements, and not anyone else’s. It would have been better had Major Lia told Mr Agius to close his bar, so that people would leave.
Magistrate Demicoli criticised the manner in which the police arrested one of the accused, Alishia Mintoff. She was arrested roughly, from behind a pushchair, with the pushchair left in the middle of the road, with a baby in it. There was also no substantiation of disturbance of the peace, and of failure to obey police orders.
The only charge which was proved was that Marouska Attard had escaped police custody when she was at Ħamrun police station. Ms Attard was conditionally acquitted.
The accused were Carmel Abela, Angelino Abela, Jonathan Abela, Johan Abela, Anthony Abela, Jason James Agius, Heathcliffe Schembri, James Vella, Dylon Vella, John Mamo, Nazzareno Gatt, Marouska Attard and Kelsey Vella. Dr Robert Montalto, Dr Giannella de Marco, Dr Chris Cardona, Dr David Farrugia Sacco and Dr Anthony D. Farrugia represented the accused.