A 55-year-old owner of a Żebbuġ garage and his two sons received suspended jail terms after being found guilty of using violence against police officers and MEPA officials in a bid to stop the demolition of illegal works on the site.

The case dates back to 24 January, 2007, when police officers accompanied MEPA officials to demolish an upper floor which was still being built over the garage in Mdina Road, which was being used as a tyre and battery service outlet.

But as soon as the garage's owner, Charles Dimech, and his two sons Melchior and Ludwig realised what was happening, they sought to obstruct works by parking a number of trucks outside the outlet and deflating the tyres.

Undeterred, the police brought in a tow truck to remove the trucks and prevent debris from falling on them. But the driver of the private tow truck which was brought in was reportedly threatened by the father, and a police tow truck was consequently called in.

The Dimechs, however, reacted by going under the trucks to prevent them from being moved, and scuffles broke out when police officers attempted to remove them. Assistant Commissioner Josie Dimech was bitten on the hand, and was certified to have suffered slight injuries.

All three were accused of hindering MEPA officials and police officers from carrying out their duties, violently resisting them, disobeying legitimate orders and breaching the public peace. Ludwig was separately accusing of slightly injuring Assistant Commissioner Brincat.

The family had strongly protested the action, stating that the establishment had been built for them by the Malta Transport Authority (ADT) as compensation after part of their property was expropriated when the road was widened by 10 metres.

In a sworn affidavit signed by their previous lawyer, the late George Cutajar, it was said that when the elder Mr Dimech was informed of the expropriation, Roads Minister Jesmond Mugliett had proposed that he should be given permission to build an additional storey above the garage, which was to be built by ADT's own building contractor.

In court, Ludwig Dimech testified that the family had agreed on the construction of an additional floor in lieu of financial compensation. He also insisted that he had seen police beating up his brother and his father intervene in a bid to stop them from doing so.

His mother Josephine testified that on the day, she went to present the police officers with the agreement they had reached with the ADT, only to be told that the police had orders to demolish the structure.

She also said that she saw her sons being beaten by the police, and that she did not see her sons attacking the police, noting that at one point during the commotion, she ended up on the ground.

Magistrate Audrey Demicoli said that while she heard two widely conflicting versions of what had happened, she found no reason to doubt the police's account, noting that it was corroborated by the various photographs presented by the prosecution. These photographs, she said, clearly showed the Dimech actively seeking to obstruct the police from carrying out their duties.

The magistrate also noted that even if an agreement with the ADT existed, this did not mean that the Dimechs were justified in violently resisting police orders, pointing out that the family had other legal means to seek to block the demolition. She thus found the three guilty of the charges filed against them.

However, the magistrate did take into consideration the apparent misunderstanding that arose from the family's agreement with the ADT when she issued her sentence, as well as the fact that all three ended up cooperating with the police after the incident took place.

As a result, she ruled that an effective jail term was not appropriate in this case.

Carmel and Melchior Dimech were thus sentenced to a 12-month jail term suspended for two years, whereas Ludwig Dimech was sentenced to an 18-month jail term suspended for two years since he was also convicted of injuring a police officer.

Inspectors Alex Miruzzi and Marisa Camilleri prosecuted, while lawyers Michael and Lucio Sciriha appeared for the Dimechs.