The Malta Independent 25 April 2024, Thursday
View E-Paper

Man who was mistakenly arrested appeals Constitutional Court decision

Malta Independent Friday, 11 July 2014, 16:28 Last update: about 11 years ago

Darryl Luke Borg, 27, who was mistakenly arraigned for a theft carried out by someone else, has appealed a decision handed down by Judge Tonio Mallia. In the judgement, Mr Justice Mallia stated that the Police did not act negligently and their suspicion in Borg was justified.

In the case, filed against the Attorney General, Director-General of the Courts and the Police Commissioner, it was pointed out that the Police had received a tip-off about Borg and also analysed CCTV footage. It was also noted that Borg has a criminal record, including involvement in theft.

Borg was held under arrest even when another man, Roderick Grech, 22,  had admitted to the theft.

In the appeal, filed by lawyers David Camilleri u Joseph Gatt, it was once again argued that Borg’s rights were violated and there were no grounds for his arrest.

The lawyers criticised Mr Justice Mallia for shying away from looking into the wrongdoing by the Police. 

  • don't miss