A policeman, who together with his colleague is accused of using excessive force against a driver, lost a Constitutional case he instituted in order for the proceedings against him to be halted.
The case dates back to the night of 2 and 3 May 2015, on the Mgarr bypass. The two policemen hailing from the Rapid Intervention Unit, David Camilleri and Mark Tonna, pulled over a driver whom they thought had been driving erratically.
The car was being driven by Jean Paul Aquilina, while his girlfriend Josiane Vassallo was a passenger at the time in question.
Contradictory versions of events emerged after the couple accused the police of using excessive force, while Mr Camilleri and Mr Tonna argued that they had been defending themselves.
Mr Aquilina was arraigned in court over the allegations made by the two policemen, however he was acquitted of all charges brought against him. Following police investigations about the behaviour of Mr Camilleri and Mr Tonna, the pair were arraigned in court and charged with assaulting Mr Aquilina.
In response to this, Police Constable David Camilleri filed a Constitutional case against the inspectors who had investigated him, Ramon Mercieca and Jesmond Micallef from the internal affairs office, against inspector Nicholas Vella who is leading the prosecuting against him and Mr Tonna, against the Police Commissioner and the Attorney General.
Mr Camilleri alleged that before he testified in the case against Mr Aquilina, he was not warned, and that he was called again by the police to provide another statement which led to his arraignment. The prosecution however, had warned Mr Camilleri that his testimony would not be used in the case against him, Judge Mark Chetcuti, presiding over the case, noted.
Mr Camilleri accused inspectors Mercieca and Micallef of operating with the intention of filing charges against him, and without informing him. He also alleged that the police had failed to search the house of Mr Aquilina because of threats that he would shoot them if the inspectors carried out the search.
In view of the allegations, Mr Camilleri asked the Constitutional Court to not only halt the proceedings against him in relation to assaulting Mr Aquilina, but also declared that his rights had been breached and requested compensation for this.
Mr Justice Chetcuti denied each request made by Mr Camilleri, observing that in the testimony against Mr Aquilina, he had access to a trusted lawyer, did not flag any objections or request protection from the courts.
The court noted that whether inspectors Mercieca and Micallef had reason or not to arraign him, it is for the Court of Magistrates presiding over the case of alleged assault against Mr Aquilina to decide.
Mr Justice Chetcuti stressed that Mr Camilleri has legal remedy available before the Court of Magistrates as well as the Criminal Court of Appeal, and therefore refused all requests made by the police constable.
Police constable Camilleri was assisted by Lawyer Tonio Azzopardi, while lawyers Stefano Filletti, Robert Abela, Alfred Abela and Roma d’Alessandro defended the three inspectors, the Police Commissioner and the Attorney General.