The Malta Independent 7 June 2024, Friday
View E-Paper

Alleged 'police beating' - RIU officer facing criminal charges claims he was not read his rights

Thursday, 25 June 2015, 14:02 Last update: about 10 years ago

One of the two RIU police officers who will be facing criminal proceedings after a man alleged that he was assaulted by them, has filed a court application claiming that he was not read his rights before being interrogated.

The two police officers, David Camilleri and Mark Tonna, are to face criminal charges following an internal inquiry ordered by the court. PC Camillieri has now filed a constitutional application against the police commissioner, the Attorney General and Inspectors Nicholas Vella, Ramon Mercieca and Jesmond Micallef.

In the application, PC Camilleri said that on 3 May 2015, he was on patrol with his colleague Mark Tonna when they stopped Jean Paul Aquilina, claiming that he was driving negligently.  Mr Aquilina's girlfriend was a passenger in the car.

In the application, the officer alleged that when stopped, the driver was aggressive, that he assaulted him and even attempted at taking his firearm.

Subsequently, Mr Aquilina was charged with attacking and injuring two police officers, but the defence insisted that his client was the victim and not the perpetrator of the assault.

On 8 May 2015, Inspector Mercieca and Inspector Micallef, from the Internal Affairs Unit within the police force, interrogated PC Camilleri. He was also questioned on 28 May 2015, two hours after he had testified in court against the young man. On 2 June, PC Camilleri was informed that he was to face criminal charges.

The police officer is claiming that he was not given the caution that he could be charged before he was questioned, neither by the police nor by the court. This he said breaches the privilege against self-incrimination.

He said that the Internal Affairs Unit had claimed that on the police recording, someone was heard saying ' you're going to kill him'. However he insisted that this was not true.

He also said that the police failed to search Mr Aquilina's car and to do a breathalyser test and urine sample, and that the representatives of the Internal Affairs Unit pressured him not to involve the police union in the case. This concerned a breach of his freedom of assembly and association.

PC Camilleri said that because he was breached human rights, the charges against him are null. He requested that charges against him are stopped and that he is paid compensation.

The application was signed by lawyer Tonio Azzopardi.

 

  • don't miss