A man at the heart of a controversial incident at the Zabbar police station in June 2013 has been acquitted by a court of reviling police officers when he went to reporting the loss of his daughter’s mobile phone.
The incident had made headlines after it transpired, that the then Police Commissioner, Peter Paul Zammit, had dropped the charges against the accused, who happened to be his client when Mr Zammit was still practicing as a legal procurator.
The decision however was overturned, after Mr Zammit stepped down as commissioner in July 2014 and returned to his professional practice.
Faced by criticism over Mr Zammit’s decision to drop charges the government had ordered an inquiry, whose findings were published in May last year. The probe concluded that the decision taken by the former commissioner was unilateral.
The case involved 44-year-old Josmar Agius of Marsaxlokk who had accompanied his daughter, 15, at the police station, after being told that she could not file a report on her lost phone as she was a minor. The court heard how the girl had already visited the police station twice, each time having to walk back home for 25 minutes.
According to the prosecution when she turned up with her father, the latter entered a restricted area at the police station, acted arrogantly and slammed the box of the mobile phone on an officer’s desk.
On his part the accused insisted that the police officers started shouting at them when they entered the station from the wrong door, at which point he left and phoned the then police commissioner Peter Paul Zammit, who appeared as defence counsel during court proceedings.
Subsequently the accused filed a formal complaint against the police, but not before waiting for more than an hour as there were no such forms at the station.
In its submissions to the court, the defence argued that its client had acted within the parameters of the law, and should not be punished for criticising the police.
“Since when has arrogance become a criminal offence?” Mr Zammit questioned the court. “My client was justified in his criticism and acted within the parameters of the law,” he added.
Inspector Robert Said Sarreo noted how the accused tried to ridicule the officers at the station, and was fully aware he had entered a restricted zone. He insisted that Mr Agius did so, as he got fed up waiting after just five minutes.
The inspector remarked that when the police learnt that charges had been dropped by the then commissioner they felt they had been “stabbed”. Asked by the prosecution about his telephone conversation with Mr Zammit during this incident, the accused denied ever saying “look at what you have here”, with direct reference to the officers at the Zabbar station.
In his decision Magistrate Saviour Demicoli said the prosecution had failed to prove the only charge against Mr Agius and so declared him not guilty.
Earlier the court chided the media for its coverage of proceedings, saying that it was bound to be faithful and precise. The remark was made in the wake of a complaint filed by the defence following the coverage given to a sitting held last October.
Legal procurator Peter Paul Zammit and lawyer Joe Sammut appeared for the accused whereas Inspectors Robert Said Sarreo and Hubert Cini led the prosecution.