Charlotte Casha has not been able to sleep in her bedroom since August 12 – when four armed and hooded police officers allegedly barged in on her while sleeping topless in what turned out to be a case of mistaken identity.
“After the incident, I spent some time at my mum’s. Then I tried sleeping in my bed but I got breathless,” she tells Times of Malta, holding her chest.
“I still sleep on the sofa, guarding the door. I have to take sleeping pills. The sound of the automatic air freshener or the fridge at night wakes me up in a sweat. I feel like since that day, everything has been taken away from me. My home is a place where I’m meant to feel safe, but I don’t. They took my refuge,” she says.
Last month, Charlotte, 34, sued the state and the police commissioner over the arbitrary arrest and the degrading treatment she experienced at the hands of the all-male arresting team.
The alleged incident happened on August 12, at around 6am, when four officers from the police Special Intervention Unit (SIU) made their way up to Charlotte’s penthouse in a Marsa block while assisting the Vice Squad and the Crime Investigation Department in a series of raids taking place in various areas in connection with a human trafficking investigation.
Through her lawyers – Arthur Azzopardi, Jacob Magri and David Chetcuti Dimech – Charlotte filed an application before the First Hall, Civil Court in its constitutional jurisdiction claiming that the ordeal amounted to a breach of her fundamental rights to protection against arbitrary arrest and degrading treatment.
‘I am a woman’
Now she is sharing her story because she wants justice. She knows that police will likely claim that, “because of the way I look”, they did not notice she is a woman. She is of small build with her hair cut very short.
“I identify as a woman. I was born a woman, and I am a woman. I had done a breast reduction about five years ago for health reasons. If I take my top off, you will see stitches, but you will still notice I am a woman. The underpants I was wearing were tight-fitting and it clearly showed I am not a man. No one should be treated that way, irrespective of their gender identity.
“Them thinking otherwise does not justify that I was kept there in tie clips with no one telling me anything. I was stripped of my dignity,” she says, recounting what happened on the day.
She starts by clarifying something. “This is important to me. I’m a support worker at the Agency for the Welfare of Asylum Seekers.
"I’ve been working there for eight years. I love my job. I work with vulnerable migrants who have mental health and substance-abuse issues.”
Over the years, she worked overtime to save money to buy her own place and, in 2022, she bought a Marsa one-bedroom penthouse. That is where the ordeal took place.
With the help of her mother sitting beside her, she sketches an image of her home to explain the dynamics.
On entering the penthouse, there is a kitchen-living room. The bedroom is on the immediate right – anyone entering the penthouse is standing in front of the bedroom door. On the left of the kitchen-living there is a large terrace.
“On August 12, at about 6am, I was asleep. I was just wearing my underpants. I was in my own home. Then I heard a big bang and realised it was the main door. I saw two hooded men. They were armed. They were yelling at me to get out of bed and stand facing the wall, and keep my arms where they could see them.
“I had no idea who they were and what was happening. I complied. I faced the wall with my hands up. I felt something against my back. I don’t know what it was. It could have been someone’s hand, but at that moment I thought it was a rifle.
'I was in my underpants... they had rifles'
“Then they grabbed my arms and tied them behind my back with tie clips. They took me to the living room and put me sitting on a chair.
“I still had no idea what was happening. I was not wearing clothes except for my underpants. No one asked me my name or told me anything,” she recalls.
As she sat on the chair, she noticed a drone flying over her terrace. She tried to make sense of things.
“I noticed they were SIU from their vest – when one of them turned around. They just left me there. I don’t know how much time passed, but it felt like hours. In my mind, I was telling myself: ‘Don’t speak.’ I was scared of what would happen as they had rifles.
“As far as I know, I did not say a word. But I was later told by my lawyers that a police body camera recorded me asking if I could wear a top. I don’t remember.”
After what felt like hours, a man and a woman in plain clothes entered the apartment. They were on the phone, walking in and out.
“One of them asked for my ID card. I signalled to them where it was. He took it and made some calls. Then returned and told the others: “You can untie her, she is no longer under arrest.”
Left scared and alone
After she was untied, one of the officers handed her shorts and a top that were lying on a chair in the kitchen.
“I wore the top first. I was uncomfortable… I asked for permission to drink in my own home and they said I could…
“I asked what was happening and they told me they could not give me information as I was no longer under arrest. They asked me when I could go to the headquarters, and I said any time that day. A woman took my details and said they would be calling me. No one called.
“Then they left. No one asked if they should call a relative to help me. No one told me anything, read my rights or showed a warrant.”
When they left, Charlotte broke down. She got a panic attack and called her sister – who was meant to go over with her nine-year-old daughter later that day to spend the day enjoying the jacuzzi she had just set up on her terrace.
“I thank the Lord my niece had not slept over that day. I called my sister who had just finished a night shift,” she says.
Her sister and mother drove to Marsa only to find the police still in the block. Her sister asked to see a warrant but was not shown one.
They saw that the main door and walls in the apartment were damaged and a lampshade in her bedroom was broken.
Her mother and sister took her to the Qormi health centre where a doctor found her with high blood pressure.
Declared unfit for work
She started seeing a psychologist and psychiatrist – something she never had to do before. She was diagnosed as suffering from trauma and post-traumatic stress disorder.
She was declared unfit for work and has since been using up all her accumulated sick and vacation leave.
“I was normal before that episode. Now I’m on medication. I worked hard to buy my home. I loved my job because I was doing something to help others. Financially, I’m at a disadvantage as I am on basic pay and I worry about my loan.
“Since that day, I’ve experienced intense anger. I am not like that. This is very scary. I wish no one goes through it, as there are so many repercussions,” she says.
She even stopped diving and going out clubbing with friends as the sight of security officers or police triggers a reaction in her and she feels physically sick.
She is aware that going to court to fight her case will be hard.
“I know it will be difficult. I am the sort of person who needs closure. I need this court case to be over. I want justice. I am innocent and did nothing. You don’t even treat an animal like that.”
‘No negligence’
Questioned about the incident, a police spokesperson told Times of Malta: “While we understand that some encounters with law enforcement can be distressing, we would like to clarify that the officers involved were acting within the parameters of a warranted search as part of a critical investigation.
“Ms Casha’s complaint was thoroughly reviewed by the Professional Standards Unit, and no negligence was found on the part of the officers. Out of respect to Ms Casha’s privacy, we will refrain from discussing further details publicly.
"Should this matter require further clarification or legal proceedings, the police force will present all relevant information and facts in the appropriate fora.”