Tourist held police sergeant in a headlock, court told
Drunk, angry man was trying to recover €6,000 allegedly spent in a strip club
A 25-year-old tourist pleaded guilty on Monday to holding a police sergeant in a headlock as he was escorted away from a strip club, where he allegedly spent €6,000, which he wanted returned.
Gabriel Luke Mcivor, a British national, was arraigned on Monday afternoon, accused of reviling or threatening a police officer while on duty. He was further charged with failing to obey legitimate police orders, assaulting a police sergeant, insulting the sergeant, breaching the public peace and being drunk in public.
Police inspector Dylan Pace explained that on Saturday four officers were patrolling Paceville when they spotted Mcivor arguing with a security guard outside a strip club. The security guard told the police that Mcivor had been inside the club and spent a lot of money. Mcivor told the officers he wanted to retrieve the money.
It is understood he was claiming to have spent some €6,000 in the club.
The sergeant told the man that this was a civil matter and he should seek legal advice. Mcivor then became aggressive. The sergeant tried to calm him down and the police officers escorted him away.
At one point, Mcivor grabbed the sergeant by the neck in what appeared to be a headlock. The sergeant fell to the ground but was unhurt, thanks to the hard cap which forms part of their uniform, the inspector said.
He added that the accused was visibly very drunk. He was taken to a police van and an ambulance then took him to Mater Dei Hospital.
Mcivor was released, but re-arrested on Monday upon his discharge from hospital.
Defence lawyers Stefano Filletti and Maurice Meli contested the validity of the arrest, claiming that their client’s release was not an effective one. They asked the police inspector whether he was aware that his client was dyslexic. He had ADHD and could not read the documents or the arrest warrant.
The defence also argued that the hospital staff told their client’s mother that, on police instructions, they could not tell Mcivor that they were in contact with the police.
“While he had no phone or escort, this was not an effective release,” Filletti stressed, adding that had his client been released on police bail, he would have been stopped at the airport had he tried leaving.
The court dismissed the arguments and declared that the arrest was valid, noting that his belongings were returned while the passport was kept for safekeeping. Moreover, he was not constantly monitored nor were the hospital staff instructed to delay his discharge until an arrest warrant was issued.
In court, Mcivor pleaded guilty to the charges brought against him.
Through his lawyers, he apologised for his behaviour.
The court fined him €1,200 and bound him with a €1,000 personal guarantee to refrain from molesting or annoying the police sergeant involved.
Magistrate Jean-Paul Grech presided. Police inspector Dylan Pace prosecuted. Lawyers Stefano Filletti and Maurice Meli appeared for the accused.