Charge Sheet Error Leads to Acquittal

Malta Independent
April 27, 2012

http://www.independent.com.mt/news.asp?newsitemid=143404

Another charge sheet error has led to four accused people, who included three policemen, being acquitted yesterday in a case which involved all four of them assaulting a French student.

Earlier this month, an appeals court acquitted another accused, a priest, of raping a boy who was in his care, because according to the charge sheet the crime had been committed in Marfa, when in fact it occurred in Sta Venera.

In yesterday's case, the mistake lay in the time of when the offence was made. The accused, three policeman and a bouncer, were freed of assaulting a French student in Paceville. The policemen, Ramon Mifsud Grech, 41, of Birkirkara, Jean Paul Vella, 24, of St Julian's, and Brian Tonna, 31, of Ħamrun, and bouncer Jonathan Micallef, 29, of Birkirkara, pleaded not guilty.

They had been accused of assaulting, without the intention of killing, Jean-Olivier Mesrine, a French student, on 25 October, 2009 at about 11pm, causing several slight injuries.

Magistrate Doreen Clarke said that according to the law the accused could not be found guilty because according to the prosecution and the charge against them, the offences had been committed at 11pm when according to the evidence presented in court, the case occurred at 3.30am.

They were acquitted also of damaging other people's property and, in the case of the policemen, they were found not guilty of committing a crime which, as policemen, they were bound to ensure against.

Mr Mesrine testified that the incident occurred on 24-25 October, 2009, when he was in a bar with a friend from the Czech Republic, having a drink. Four uniformed policemen entered the bar, and they too, had a drink. The student saw this as rather unusual so he took out his camera to take a photograph.

The bar's bouncer went up to him and told him to stop, saying he could not take pictures inside the bar. The student said he obeyed and continued talking with his friend, but a short time later one of the policemen went up to him, and asked for the camera, which the student refused to hand over.

Mr Mesrine said he told the policeman he could show him the pictures he had in the camera, to prove he had not taken any of him or his colleagues. The student said the policeman was drunk and was giving the impression he did not want to understand. He forcefully grabbed the camera, with his colleagues intervening when Mr Mesrine resisted.

The student said two policemen held him against the bar and the others asked his friend to show them the pictures stored in the camera. His friend complied, but the policemen smashed the camera screen. The policemen and the bouncer then assaulted him.

One of the policemen punched him and the bouncer grabbed him by the arm, twisted the arm round to the back and hurled him against the wall, kicking him from behind as the others were beating him. He was then thrown out and his camera smashed when thrown to the floor, as those attacking him made fun of him and gestured obscenely.

Mr Mesrine said he went to St Julian's police station to file a report and he was told that he first had to go to a doctor for a medical certificate, which he did, with the doctor confirming that he was suffering from slight injuries.