Mistaken identity lands man in trouble

C J Allen (ex West Yorkshire Police)

Aug 19th 2008, 18:44

@ Philip Pace.
I am not a lawyer, but I am a retired police officer (UK, not Malta - but it's reasonable to assume that the laws in democracies would be similar!)
When I intended to search someone I would be required to approach him and say "I am a police officer; here is my warrant card. I have grounds to suspect that you have illegal drugs in your possession, and I intend to search you. If you fail to submit to a search you will be arrested. Do you understand?"
It is UNLAWFUL to order a suspect to turn out his pockets without having identified yourself first. Abubaker was fully justified in defending himself against what he thought was an attack, and it's no good saying you are a police officer after the fracas has begun because by then the victim is well and truly frightened, and is unlikely to believe you even if he hears you. This whole case is a miscarriage of justice. The police let him down, the court let him down, and his lawyer let him down - if he even had a lawyer!

dbugeja

Aug 18th 2008, 14:18

@martin saba

why do you have to bring racism in this matter?

People like you are expecting that the police now don't approach a coloured person because you might think that they are racist.

philip pace

Aug 18th 2008, 08:13

Welcome to the circus,
Before anyone would jump into conclusions as that is what normelly happens when so many ' Serpicos, Sherlock Holmes, Maigrets' write their views, I would like to ask what is the real procedure when undercover police approach you and ask for a body search?
Can any top class lawyer write down in this space how the law stands so that we would be wiser?
Wrong Bananas

Graham Crocker

Aug 18th 2008, 07:50

Martin Saba, why play the race card?
You cannot imagine 1 person to be exactly like his whole country.

In fact I think you would have done the same,
believing they were thieves who needed a good hiding.

Fact of the point is, he was an idiot.
Every people has its idiots, you should know.

Everyone has problems with police, some people use their head and try soften the blow, others make things worse like punch them.

Ramon Casha

Aug 18th 2008, 05:25

Police in other countries have well-known and easily identifiable badges or other means of identification when they're not in uniform. Do they have anything similar in Malta? If they do I confess I don't have any idea what it's supposed to look like. Should we simply believe anybody who claims to be a police officer, taking them at their own word?

This was a perfectly justifiable case of self-defence.

Stephen Spiteri

Aug 17th 2008, 21:49

None of you will believe this (Well. a case of Only in Malta) This week I was doing some roadworks (covered by permits and all). A chap in a rented car comes out. He is bare chested (well with a shirt but all buttons undone). The first thing he says is that he's a MEPA officer.My initial reaction was - is this a new dress code instituted by MEPA ?

If this is the attitude public officers take when in plain clothes, then Lord have mercy on us !
I am in no way implying anything about these police officers, but reading this experience made me recall this incident.

It's true certain jobs give you a sense of power over us plebeians, but there are limits aren't there ?

Jeremy J Camilleri

Aug 17th 2008, 14:58

Martin Saba, A friend of mine went through the same experience..He was frisked and officers refused to identify themselves. He was and still is white.

It seems that things that happen regularly, are only noted by parrots like you when the victim is coloured.

Did you know that complaining when the victims are coloured and not when victims are Maltese...or any other nationality or skin colour is akin to racism?

It seems that most of the people who are continually jumping on the racism bandwagon stand something to gain. This is only my impression, however it does seem strange does it not?

Joseph Caruana

Aug 17th 2008, 14:39

If the undercover police go about brandishing their ID tags as soon as they stop as suspect.

I see nothing wrong in stopping someone and then identifying yourself in the course of the search, which is exactly what happened in this place. The report says clearly that the suspect kept punching them even after they had identified themselves.

What should the undercover police do? Start wearing their full uniforms just because foreigners assume that all police are bond to wear a uniform?

Give me a break!

C J Allen

Aug 17th 2008, 13:15

Clearly police procedures were not followed here as the officers did not identify themselves until it was too late; when will we be hearing about the disciplinary action to be taken against them?

The real victims here are Mr Abubaker and justice; both have been betrayed by the police and the court.

Perhaps Mr Abubaker should be recruited into the Police Corps; he's obviously a plucky lad, taking on a gang of thieves single-handed!

V Farrugia

Aug 17th 2008, 12:46

This incident could have happened to anyone. With what right do plain-clothes policemen frisk a person?! What identification is provided to any person? How can an individual assertain that a REAL police officer is searching him, not a thug?

C. Borg

Aug 17th 2008, 11:28

You and all those who keep playing the racist card are causing terrible damage to the islands future.

martin saba

Aug 17th 2008, 10:25

What kind of justice is this?

"The hitch was that the 'thieves' were, in fact, vice squad officers in plain clothes. Even after they identified themselves, he refused to believe them and instead kept throwing punches"

The police should have identified themselves before asking to search his pockets.

The wrong person has been punished.

Damm! I keep forgetting. We are racisist when it comes to skin colour..