A magistrate has ordered the police commissioner to take “appropriate” action against two constables whose testimony as alleged victims of an assault was contradicted by footage which called out their “outright lies.”

The case revolved around an incident which took place outside a San Ġwann kebab shop just over three years ago when Lazar Mitic, 27, was involved in an argument with a couple who were dining at the eatery.

Mitic said that a man brandished a knife at him after claiming that he had bumped into his car whilst reversing his own vehicle outside the shop.

He rushed to two police officers who were close by. But rather than take down the couple’s details, the officers stopped at the kebab shop “for a bite.” The police officers were not named in the court judgment, with only their police numbers cited.

Footage from the cash register area of the shop showed the officers at a table, while Mitic approached them, “visibly nervous and agitated….pointing in the direction behind him.”

That footage “disturbed the court in no small manner” since it betrayed the officers’ version that the couple, who allegedly triggered the whole incident, had left whilst the police were handling Mitic, the court said.

Later shop footage showed Mitic talking calmly to the officers outside the establishment. His behaviour grew unruly and increasingly anxious as he paced up and down.

Charged with assault

The situation apparently escalated when Mitic poked one of the officers in the chest with his index finger.

The officers told him not to go into the shop again and he stopped for a few seconds, but then suddenly darted towards the entrance.

The constables blocked his path and handcuffed him. He “offered no resistance,” observed the court, after closely examining the footage.

The man was arrested and subsequently charged with assaulting the officers or violently resisting arrest, insulting and threatening them, disobeying their lawful orders, wilfully disturbing the public peace, uttering obscene words in public and being indecently addressed in public.

He pleaded not guilty.

The two officers gave their version of events, claiming that although the accused had initially cooperated, he became increasingly agitated, “blabbering,” poking one of them on the chest and challenging them to fight “man to man.”

The two corroborated each other, insisting that Mitic kept insisting on going into the shop, ignoring their orders and accusing them of abusing their powers.

His aggressive behaviour continued in the police car while Mitic was being escorted to the police station where his actions took a “hysterical” turn, “laughing one minute…getting agitated the next.”

The officers’ bodycam footage showed the events in the police car and at the police station.

The court said that had the police bothered not to remain seated, did their job and taken the couple’s details, given that Mitic was clearly protesting at something which had happened, their affidavits and testimony would not have been riddled with inaccuracies and indeed outright lies.

'No evidence' of assault

Magistrate Frendo Dimech observed that the officers only left their table when Mitic approached them, not to speak to whoever Mitic was pointing to, but to escort him outside.

That was when the situation escalated.

One of the officers said that he injured his shoulder when he hit the shop’s glass door while attempting to arrest Mitic.

But footage from the shop showed “no evidence at all” that the constable came into contact with that glass frontage at any point.

“Police officers undoubtedly are deserving of society’s respect and adherence to their orders and guidance in observance of the rule of law…..[but] it is truly disheartening when officers themselves are the cause of the undermining of that respect,” observed the court.

Such behaviour undermined “the police corps as a whole.”

In handing down judgment the court observed that the last four charges were time-barred by the time the defendant was notified with the summons in the English language.

As for the other charges, the court only found Mitic guilty of insulting and threatening the officers.

When meting out punishment the court took note of the fact that the accused was “manifestly distressed,” tearfully crying and “wailing” for his lawyer, “visibly in disarray and puzzled over what was happening.”

“There is no real and tangible sign of perilous behaviour, arrogance or animosity towards the officers,” concluded the court, conditionally discharging the accused for one year.

Challenging the officers to fight was not excusable, irrespective of his agitated state.

As for the officers concerned, the court ordered a copy of the judgment, their testimonies and the footage to be notified to the police commissioner “for any action he may deem appropriate.”

Lawyers Veronique Dalli and Dean Hili were defence counsel.