A junior radiologist who gave a 'misleading opinion' of an x-ray, stating that internal shadows were seen, resulted in Jennifer Koster, a Dutch woman living in Malta, having her genitals examined and given laxative as part of a drug search.
Jennifer Koster had filed an application in the First Hall Civil Court in its constitutional jurisdiction against the police chief and the Attorney General claiming inhuman and degrading treatment.
Giving testimony, Dr Farrugia Agius, the general consultant, who her case fell under, said that the x-ray report was very misleading. "The radiologist used the word 'maybe', saying that 'there might be a shadow in the stomach' and 'there may be a shadow in the genital area'. In my opinion this is a report written by someone who knew this was a police case and did not want the ball to stop at his feet". He said that during that time period the radiologists present would be of a junior grade.
He told the Court that she was admitted on 18 February and he saw her in the morning on February 19. He said that she was admitted to the emergency ward, suspected of being a 'body' (a person carrying drugs in their body). He said that since doubt was registered within the original X-ray report, she was referred to the gynaecologist.
Apparently, a junior radiologist was in hospital when she was brought in for the x-ray, however later, when the consultant radiologist came in the next morning, he gave a different opinion.
Originally, two "shadows" were seen by the first radiologist, thus casting doubt as to whether she was hiding something. The consultant radiologist however stressed that no shadows were present and the police were then informed.
By the time the consultant radiologist had given his opinion, Ms Koster shad already undertaken a gynaecological exam and given laxatives to flush out any drugs she might have hidden in her stomach.
Dr Farrugia Agius said that through normal procedure, if nothing shows up on the x-ray, the person is released, adding however that if shadows are found then further tests are normally administered.
Koster testifies they made her examine own excrement
During her testimony, Ms Koster said she retrieved her luggage and walked outside the airport upon arrival to Malta and met her partner. It was raining and so they chose to wait before walking out of the Airport building. Eventually they were on their way for Chinese when three police cars flagged her partner down and then walked over and banged on the window. "They pulled me out of the car and put me in handcuffs, asking me where my luggage was. "I told them it was in the boot, everything is here". She stressed that there were a lot of police.
She claimed that she was ordered by police to inspect her own excrement after they had suspicions she was carrying drugs.
She testified that the police took her to hospital and an x-ray was used. The police then told her they suspect she had something hidden in her genitalia.
A doctor, nurse as well as two female police officers were present during the examination. She explained that she overheard police mentioning a "left shadow" after the x-ray, thus suspecting that she had something hidden.
She claimed that at no time was she informed as to why she was under arrest. Following the X-ray, a gynaecological exam was made to ensure she was not hiding drugs, and she was then fed laxative to flush out any potential drugs she could have been hiding. She testified that she has to shew her excrement to two female police officers and that she herself had to examine it using plastic bags and not gloves. No drugs were found.
Ms Koster told the Court that this was not the first time she was stopped coming to Malta and that every time she came to the island she was stopped at the airport. This was, however, the first time she was taken to Mater Dei Hospital. She explained that previously she had been strip searched. Asked whether anything illegal was ever found, she replied - "no nothing".
"This only happens when I come here. I travel to Germany, Spain, everywhere and there is no problem".
Ms Koster also said that police wouldn't leave her side, even when showering. "They didn't trust me and told me not to run away and I said - I have nothing to run away for". The Court heard that Ms Koster told police that she had done nothing wrong and that one police told her "When we see people from Santo Domingo we get like... adrenalin".