Policewoman explains use of pepper spray in drugs arrest

A woman police sergeant yesterday told a court she gave instructions for pepper spray to be used so that a woman who stands accused of drug trafficking would stop biting her inner thigh and a vicious dog would stop attacking the police.

WPS Marisa Bartolo was testifying before Magistrate Abigail Lofaro in the compilation of evidence against Giovanna Pace, 53, her two sons Marco, 34, known as il-pinzell, Joseph, 26, and Christopher Mazzitelli, 23, who are facing 17 charges related to drug trafficking and assaulting the police. Some of them stand charged with relapsing.

With an arm supported in a sling, WPS Bartolo said that on April 20 she and other police officers from the drugs squad were detailed to wait on the outskirts of Qormi so that they would intercept any vehicles they were to be informed about.

The squad had mounted an operation in Qormi and via radio she knew that three or four cars had "made contact" with the premises they were surveilling and the job of her unit was to intercept any of the cars that had "made contact" and passed their way.

The witness said two cars went their way in the course of the morning and they had intercepted them both and a number of people were arrested after being found in possession of sachets containing brown powder suspected to be heroin. Other units made other similar arrests, she said.

All three units on the outskirts of Qormi were then detailed to go into the village but her unit was informed that a maroon Toyota car with a number of suspects had left the house that was being held under surveillance and they were instructed to track it.

WPS Bartolo explained how they followed and temporarily lost sight of the car and then, while driving around at Ta' Kandja close to the SAG compound, they spotted the car and she went out of the police car, pointed a pistol at the oncoming car and ordered them to stop.

Marco and Joseph Pace and Christopher Mazzitelli were arrested on the spot and they drove back to the Pace residence in Qormi. Using keys they took from those arrested, the officers went inside the house and shouted out "Police, police" as they went upstairs.

WPS Bartolo said a police constable who was with her was bitten by a dog, which grabbed his waist and would not let go, and Giovanna Pace was inciting the dog to get to the police.

She said she told Pace she would shoot the dog unless she controlled him and, as she suspected Pace wanted to hide drugs, she did not want her to touch anything. However, Pace pushed her and grabbed hold of something that was lying on a piece of furniture.

WPS Bartolo said she and another constable wrestled with her and snatched pieces of what seemed to be cannabis resin from her hand.

As they tried to restrain Pace, the latter bit Bartolo's inner thigh and held on with her teeth while the dog was about to attack her or other policemen inside.

"In those brief moments, I had a choice between using the pistol, with the risk of injuring others, using the baton, which could cause injury, or instruct the police present to use pepper spray so that Pace would stop biting me and scare off the dog," she said.

WPC Bartolo said she opted for the use of pepper spray and gave the pistol to another police constable to avoid injury.

Pace stopped biting her when pepper spray was used and the dog went off. Pace then pushed WPC Bartolo, who fell and suffered a contusion to her elbow.

Her thigh was bleeding because of the bite and Pace repeatedly told the police that "if Marco (her son) was present, he would kill you", WPS Bartolo said.

She had to take eight injections over the past three weeks because of the injuries caused by the bite, WPS Bartolo said.

The case continues.

Dr Manwel Mallia and Giannella Caruana Curran appeared for the accused.

Police Superintendent Peter Paul Zammit and Inspector Josric Mifsud prosecuted.