Updated 8.10pm
Five people accused of assaulting police officers in Ħamrun last month were on Friday denied bail.
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.
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.
Defence lawyers have argued that their clients were provoked into the brawl by an "arrogant" police officer who mocked and mimicked them.
They made bail submissions on Thursday when defence lawyers emphasised that one of the officers' bodycams had gone missing.
In her decrees, Magistrate Monica Vella observed that no magisterial inquiry was being conducted in relation to this incident and thus evidence could only be preserved through ongoing police investigations.
The “disappearance” of one of the policemen’s bodycam was a matter of concern, she noted. At this early stage of the proceedings, the court deemed that police investigations should proceed unhindered and free of any tampering with evidence.
Having said that, this did not mean that the investigating officers were to “drag their feet” in wrapping up their investigation, went on the court.
The disappearance of the bodycam also caused “serious prejudice” to the administration of justice since that device could shed more light on what happened and help reveal the whole truth, both for and against the defendants.
A decision on bail did not in any way impinge upon the innocence or otherwise of the defendants, nor upon the merits of the case, she said.
Magistrate Vella added that the right to bail was not automatic, citing ECHR caselaw and other judgments handed down by Maltese constitutional courts.
When deciding upon bail, the court was to consider the “special features of each case. A balance had to be achieved between the defendant’s right to a fair hearing within reasonable time and society’s interest in an effective prosecution.
Society also was to be protected against aggression through serious crimes. The court took note of the serious nature of the offences allegedly committed against public officers who were exercising their duties. These officers were duty-bound to protect public order, preserve the public peace and safeguard the peace of mind of the general public, she said.
When all was considered, the court turned down the request for bail at this stage of the proceedings, for each of the five defendants.