Damian Schembri had been accused of filing a false report on 30 April 2001. On the day in question, police officers were stationed along the Mriehel Bypass directing traffic because a football game was being played between Birkirkara and Valletta.
Mr Schembri testified that as he walked out of his office, which was in the area, a bottle was thrown in his direction from one of the trucks full of football supporters. He asked a policeman, Joseph Buhagiar, who was nearby, to take down the truck’s registration number. The witness said the officer became annoyed and he grabbed him by the lapels and used bad language.
The man said that Mr Buhagiar saw another truck pass by and someone threw another bottle, even wetting Mr Schembri with beer. The witness said that when he said to the officer: “did you not see him throwing beer at me?”, the PC shut him up and continued to use bad language.
Mr Schembri said the PC tore his number off his epaulette and pushed it into his chest. After the incident, the man went to Police General Headquarters to file a report.
PC Joseph Buhagiar also testified in the proceedings and gave a different version of the events. He said that at about 9pm on 30 April, the accused had asked him to stop a truck full of supporters because one of them had wet him.
PC Buhagiar told the court that he could not take down the truck’s registration number, as requested by Mr Schembri, because the truck was covered in cardboard. “The accused asked me for my number three times and I gave it to him,” the officer said.
After this the constable said the accused tore his number off his epaulette, threw it on the floor and left.
Soon after the constable received a phone call from the control room asking him whether he had fought with a certain Damian Schembri. Mr Buhagiar said he did not grab the man by the lapels at any point nor did push his number into his chest.
The court said it is clear that the two versions did not correspond. Since there was not enough evidence to convict Mr Schembri, he was acquitted of all the charges against him.
The court was presided over by magistrate Abigail Lofaro while inspector Mario Bonello prosecuted.