Magistrate expresses concern at charges listed without proof

Two men were yesterday acquitted of involvement in the disturbance that broke out during the September 8 regatta in a judgment in which a magistrate expressed her concern over a case where police arraigned two men on a series of charges, most of which were not even remotely proven.

Magistrate Consuelo Scerri Herrera cleared Eucharist Baldacchino, 57, of Hamrun and Dennis Thornton, 25, of Marsascala of unlawful assembly, causing more than Lm500 damage to trophies, the quay and its environs, disobeying, attacking, threatening and slightly injuring police officers and breaching the peace at Grand Harbour.

Thornton was found guilty of uttering obscene words in public but, after noting that both men had spent three days in preventive custody, the magistrate ruled that a reprimand was sufficient.

In an 18-page judgment, Magistrate Scerri Herrera noted that, in order for the charges to be sustained, the prosecution was to prove its case beyond reasonable doubt.

She noted that the prosecution had not exhibited all evidence in hand during the proceedings but pointed out that, in all loyalty, prosecuting officer Inspector Pierre Micallef Grimaud had told the court that, except for unlawful assembly and contraventions, the charges had not been proven.

However, the magistrate noted that the only evidence against the two men was the testimony of several police officers, most of whom did not see the defendants do anything wrong.

"The court is very concerned about the fact that a person is arraigned and charged with committing a number of crimes, many including violence and the threatening of public officers... when in reality most of the charges are not even remotely proven. Such charges should have never been listed in the charge sheet," the magistrate said.

Legal counsel Jason Azzopardi appeared for Baldacchino while lawyer José Herrera appeared for Thornton.