A 12-year-old girl who attends the Erin Serracino Inglott School in Cospicua was charged yesterday with assaulting and slightly injuring a facilitator after she allegedly hurled a desk at her.

The girl who, by court order, cannot be named as she is still a minor, was charged with hurling the desk at the facilitator at around 11am on Tuesday morning. She was also accused of breaching the peace.

Before magistrate Consuelo Scerri Herrera, the girl pleaded not guilty to the charges brought against her.

Defence lawyers Jose Herrera and Roberto Montalto noted that their client had been released on police bail and that there was no need to arraign her under arrest. But the prosecution replied that another girl who was charged in court accused of similar charges some months ago was also charged under arrest.

Handing down her decision, magistrate Scerri Herrera ruled that the girl should not have been charged under arrest because she had been released on police bail with one of the conditions being that she was to appear in court yesterday morning.

Magistrate Scerri Herrera said the arrest was therefore illegal and ordered the prosecution to release her immediately. She also ordered that the case file be transferred to the Juvenile Court where the compilation of evidence against the girl will be heard.

Police inspector Anthony Cassar prosecuted and Dr Jose Herrera and Dr Roberto Montalto appeared for the girl.