Editorial: Need to get their hands dirty

It is common knowledge that the district police have a huge workload and new cases keep flowing in. Magistrate Monica Vella, in a recent judgment, acknowledged that, but, in a word of advice to the police not to rush into prosecutions, she pointed out that appearances can be deceptive.

The police are bound by law to investigate reports they receive, including sifting through documents and other exhibits to ensure there is indeed a case. The Police Act warns that it is “an offence against discipline for a police officer to charge a person before the courts with an offence which is manifestly unfounded”.

By “manifestly”, one usually understands facts being indisputable, self-evident, clear and needing no proof.

The case the magistrate had before her left a lot to be desired in terms of investigation, evidence-gathering and, as a result, prosecution. A foreign national was charged with damaging the front door of a residence. He was acquitted because no sufficient evidence was produced to secure guilt at the level demanded by the criminal law, that is, beyond reasonable doubt.

“The prosecution did not make an effort in this investigation,” the magistrate remarked, adding the court expected better, especially from the officers who went on site.

The magistrate then made a very specific recommendation, which seems to indicate there was more to the botched-up prosecution than rush and haste due to other work needing to be done too.

“The court believes,” she commented, “that it is high time that district police sergeants and constables are given adequate training on evidence gathering and investigations. Otherwise, precious work will go down the drain once a case is instituted before the court.

“The court also suggests that a check list or aide-memoire is structured so that it will help and guide the junior investigating officers on what to look for and what to preserve as evidence.”

So, more than the sergeants and constables assigned the case cutting corners because of time constraints, the cause appears to be more deeply rooted.

It brings to the fore the issue of how well-prepared and ready police officers up to the rank of sergeant really are before being let loose in the hectic and, yes, dangerous – in more senses than one – environment of police stations and their daily duties.

The Academy for Disciplined Forces is bound by law to provide “high-quality training related to the professional formation and enhancement of skills, attitudes and practices that are used in the daily professional lives of the disciplined forces and their contexts, taking into account the diverse contexts that exist”.

The academy is, no doubt, doing sterling work in providing police officers with induction training. However, especially in the kind of work they have to do, lectures and textbooks are not enough. It is important that the new recruits ‘get their hands dirty’.

The observations made by the magistrate clearly indicates this is not happening or, at least, not being done well enough.

This was also highlighted by testimony given in court by an experienced British police officer holidaying in Malta who witnessed the manner in which policemen attending to a fight at a hotel handled, or, rather, mishandled the potential crime scene.

Policeman are the only individuals empowered by law to make an arrest. They are also duty bound to investigate and prosecute.

The academy needs to have a very good look at its curriculum and put society’s mind at rest.