Acquitted man claims compensation for arrest

A man yesterday filed a constitutional application in the First Hall of the Civil Court claiming that his fundamental human rights had been violated.

Eucharist Baldacchino also asked the court to award him compensation for the violation.

In his application Baldacchino claimed he had attended last summer's regatta at Valletta. An incident had occurred between various supporters of the different participants and the police had to use force to quell the disturbance.

Baldacchino and a number of other men were arrested on the following day and were arraigned on numerous serious charges including injuring a police officer, violently resisting the police, taking part in a group of persons with the intention of committing a crime and disturbing the peace.

All of the other co-accused, save for one, had pleaded guilty and were sentenced. However, Baldacchino and another co-accused continued to protest their innocence and were tried by the courts.

Baldacchino was refused bail and spent four days in preventive custody until bail was eventually granted.

In November 2003 Baldacchino was completely exonerated by the courts of all the charges against him and it clearly resulted that the police had been aware that Baldacchino had not participated in any manner in the disturbances.

The court had pointed this out in the judgment acquitting Baldacchino and had also noted the fact that Baldacchino had been refused bail.

The whole proceedings against him and the refusal of bail constituted, in Baldacchino's opinion, a violation of his right to freedom from arbitrary arrest. He requested the First Hall of the Civil Court to award him compensation for this violation.

Dr Jason Azzopardi and Dr Roberto Montaldo signed the application.