Magistrate rebukes police for overdoing arrest of a mother
A magistrate yesterday rebuked the police for having sent six officers to arrest a 46-year-old woman after she failed to appear in court.
This was an example of how an arrest should not be carried out, Magistrate Anthony Vella said, even as he reprimanded the woman who was charged with resisting the police.
Rose Parnis, of Naxxar, failed to appear in a court case presided over by Magistrate Silvio Meli, in 2009. The magistrate issued a warrant of accompaniment, meaning that at the next sitting she would have to be brought to court by a court usher.
On the day in question, October 7, 2009, three police officers were sent to execute a warrant of arrest, which prompted Magistrate Vella to remark yesterday he could only presume this had happened because of a mistake as a result of the big workload in the courts.
Ms Parnis called her lawyer, refusing to accompany the officers and resisting arrest. At this point, Magistrate Vella heard, another three policemen arrived.
The woman’s son got involved and the woman protested and physically resisted the policemen when they were arresting him.
Magistrate Vella said Ms Parnis certainly did not have an extensive criminal record which merited six officers going to arrest her.
He could not understand why such force was used to execute the warrant. It was an example, he said, of how an arrest should not be carried out.
On the other hand, it was never acceptable, no matter how minimum the resistance was, to defy the police in that manner. But he could also understand Ms Parnis was trying to prevent her son from being arrested, he said.
In handing down judgment, Magistrate Vella said the incident could have easily been avoided if the police had used a little more diplomacy and not blown the case out of proportion. He said a reprimand and admonition should be a sufficient punishment for the woman in this case. Lawyer Joe Mifsud appeared for Ms Parnis.
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L Busuttil
Feb 4th 2011, 10:55
Sometimes it is incredible how the law courts act. Two years ago a bus driver hit my car and kept going. After my report he was taken to court and I was a witness for the police. For the first three settings I was present in court but the accused bus driver failed to appear. On the day of the fourth sitting I had a hospital appointment and did not go to court. The day before the fifth sitting I was asked to go the police staion in our village where I was told that I was going to be accompanied by policewomen on the morrow. When I objected I was told that I could be kept overnight at the police station. On the day of the sitting I did not go to the police station but straight to court. Again the accused failed to make a presence and no action was taken against him. I do not beleive what some people say that it is not how much you know but WHO YOU KNOW that is importants.
Silvio Zammit
Feb 4th 2011, 15:57
I would say: “Sometimes it is IMMORAL how the law courts act.”
My case, according to an ex-judge should have taken two months to decide. Well it has been going on for the last SIX YEARS and there is no light at the end of the tunnel. The main reason for the delay being that the lawyer against whom I am taking action failed to appear in court ABOUT 20 TIMES.
The irony of it all is that I initiated this court case to revoke a previous court decree by a different Magistrate handed down against me for not appearing for the FIRST SITTING of a case; the reason being that I was misinformed by my lawyer’s secretary of the date of the sitting. The court did not accept my lawyer’s explanation and as a result a damning court decision was handed down causing me great financial damage without EVER being given the possibility to appear in court to state my case.
Last week I made an attempt to point out to the presiding magistrate of my current case that my human rights were being negated by the court’s delay for which I was expelled from the hearing and fined.
Please choose the reason of your report below: