Vienna Convention provision invoked in Spanish suspect's arrest

A court yesterday ruled that, when they arrested a young Spanish woman on suspicion of stealing a pair of shoes, the police should have informed the embassy according to the Vienna Convention on Consular Relations.

Magistrate Jacqueline Padovani yesterday conditionally discharged Angela Gonzalez Zamora, 18, for a month after she pleaded guilty to stealing the shoes, worth €23, from Bershka in Bisazza Street, Sliema.

Before judgment was handed down, defence lawyer Arthur Azzopardi pleaded that Ms Zamora's arrest was unjustified and presented the court with a copy of the Convention that came into force on March 19, 1967 and to which Malta is a signatory.

Dr Azzopardi said that, according to article 36 of the Convention, when Ms Zamora was arrested the prosecuting officer should have notified the Spanish Embassy that a Spanish national was being held in custody. However, the officer failed to do so and this made her arrest invalid, he argued.

Police Inspector Anna Marie Micallef, prosecuting, told the court that, at first, Ms Zamora denied taking the shoes but later admitted to the theft. Ms Zamora was granted police bail and was only held her for two hours during the course of the investigations.

The court ruled that the police should have informed the embassy about the arrest in line with the Convention. However, article 36 of the convention did not negatively affect the validity of the arrest. The court, therefore, ruled that the arrest was valid.

After taking into consideration the fact that Ms Zamora was a first-time offender both in Malta and in Spain, Magistrate Padovani conditionally discharged her for one month.