Updated 4.49pm with minister's meeting with police constables.
Five people have been charged with assaulting and injuring police officers in a Saturday night Ħamrun brawl.
The accused – four men and one woman with ages ranging from 23 to 46, -were escorted into the Valletta law courts from its main entrance on Republic Street, as a group of onlookers watched.
Elton Anthony Borg, Erica Borg, Kurt Borg, Redeimen Aquilina and Christian Mansueto all pleaded not guilty to assaulting the officers, resisting arrest and other crimes.
Magistrate Joseph Gatt turned down their request for bail, noting the gravity of the case and the risk of defendants tampering with evidence.
Elton Anthony Borg. Photo: Jonathan BorgThe accused sat impassively throughout the arraignment, save for Erica Borg, who wept as her legs shook.
The Saturday night assault was caught on video by bystanders. Footage quickly circulated on social media, shocking people and drawing condemnations from both the government and the Opposition.
Police said the incident kicked off when two officers issued a parking ticket for an illegally parked vehicle. A group then emerged from a nearby catering establishment and assaulted the officers, who tried to subdue them using pepper spray.
Kurt Borg taken out of court. Photo: Jonathan BorgOne officer was seriously injured and the other suffered slight injuries. Both were hospitalised.
What are the criminal charges?
The five accused stand accused of seven separate crimes:
- Forming a mob to cause public fear
- Violence and threats against public officers
- Insults and threats to public officers
- Attacking officers on duty
- Wilful breach of public peace
- Wilful damage to public property
- Causing slight and grievous injuries
They also face two other, less serious charges of breaching public peace and damage to third-party property.
All pleaded not guilty and requested bail.
Elton Borg is 46 years old and a restaurateur who lives in Msida. His partner, Erica Borg, is 42 and a housewife. Kurt Borg, 44, lives in Qormi and is also a restaurateur.
Redeimen Aquilina. Photo: Jonathan BorgRedeimen Aquilina is 23, in employment and from Ħamrun, while Christian Mansueto, 33 and from Siġġiewi, is self-employed.
Three of the accused – Elton, Kurt and Erica Borg – were arrested onsite. The other two fled the scene but were tracked down with the use of CCTV footage and arrested at their homes.
CCTV at Borg's restaurant removed
Prosecutors objected to the defendants' request for bail, noting the risk of evidence being tampered with.
The prosecuting inspector said this had already happened. CCTV cameras at Borg's Ħamrun restaurant have been removed, she noted, and police officers were unable to obtain footage of the incident from them.
Christian Mansueto. Photo: Jonathan BorgFurthermore, one of the accused who was arrested at home had already disposed of his clothes by the time officers came to arrest him.
One of the assaulted officers also lost a bodycam in the fracas, they said. The camera has not yet been located.
Prosecutors were out in force for the arraignment – a Deputy Commissioner, a superintendent, numerous inspectors and various other officers were all present.
Defence lawyers included Franco Debono, Arthur Azzopardi, Mario Mifsud, Jacob Magri, Matthew Xuereb, Charles Mercieca, Alex Scerri Herrera and Nicholas Mifsud.
Lawyer Hermann Mula, a former police inspector, is representing the two police officers who were assaulted.
Erica Borg escorted out of court. Photo: Jonathan BorgDefence argues for bail
Defence lawyers took it in turns to argue in favour of their respective clients being granted bail.
Defendants were willing to satisfy any bail conditions imposed by the court and were presumed innocent until found guilty. All lived in Malta and have family ties here, lawyers noted.
The court should not be swayed by public outrage on social media, they argued, noting that the defendants had yet to give their version of events.
Lawyer Franco Debono said his client, Mansueto, had intervened to break up the fight. Mansueto had a clean criminal record and could provide sufficient guarantees to satisfy bail requirements as required by the criminal code, he said.
Debono said that while defence lawyers were doing their job in representing clients, he emphasised his total respect for the police corps and their work - a point endorsed by other defence lawyers.
Lawyers also echoed Debono's warning for the courts to not be conditioned by social media. Freedom of expression was important, but god forbid the courts were conditioned by social media, he said.
Defence lawyer Mario Mifsud downplayed the disappearance of CCTV cameras and one of the defendants' clothes - every establishment in Ħamrun has CCTV cameras, he said, and it was "routine" for people to dispose of their clothes after a night out.
Attorney General lawyer Jennifer Polidano shot down that argument. Footage was missing, she said, and it was normal to change clothes after a night out, not dispose of them.
Even if some of the accused had untainted criminal records, they had been arrested for disobeying police orders.
Having heard the defence's pleas and prosecution's arguments, the magistrate turned down the bail requests.
He noted that the accused stood charged with very serious offences, that there was a real risk of defendants tampering with evidence and that the court was not reassured that the defendants would abide by all bail conditions set.
All five will be held in preventative custody at Corradino Correctional Facility until the case resumes at an as-yet undefined date.
Minister meets constables, promises further protection for officers
Meanwhile, Home Affairs Minister Byron Camilleri on Monday informally met constables Clive Mallia and Aidan Demicoli, who were assaulted on Saturday.
The Home Ministry said he thanked them for their service and promised government support to them and their colleagues.
He said the government was working on further strengthening the laws on violence against the police and other public officers.
The minister was accompanied by deputy police commissioners Kenneth Haber and Sandro Gatt.