Judge to probe police action

The government has ordered an inquiry into the way the police handled two criminal cases involving Sliema deputy mayor Cyrus Engerer, who recently defected from the Nationalist Party, and his father Christopher.

Visibly upset, Police Commissioner John Rizzo called for the inquiry yesterday during an almost two-hour-long press conference where he categorically denied any political motivations in the investigations.

“I feel hurt and insulted. It is not only my integrity that is being attacked but that of the entire force,” he said.

His job, he insisted, involved investigating high-profile people and it would have been unjust to stop pursuing criminal investigations due to ongoing political developments.

The Times yesterday reported that the police had issued a series of charges against Cyrus Engerer, accusing him of keeping and/or circulating pornography and of computer misuse.

This, together with another news report on Sunday about Christopher Engerer, prompted accusations of victimisation due to Cyrus Engerer’s defection to the Labour Party.

The police also insisted that the cases against the Engerers would continue even though Marvic Camilleri, the complainant in the Cyrus Engerer case, told The Times he wanted to drop charges. There is also a possibility that Christopher Engerer will be charged with trafficking rather than personal use, although Mr Rizzo said this had yet to be established.

After the police press conference, the Justice Ministry said the inquiry would be headed by Judge Albert Manchè and would be tasked with looking into allegations of abuse of power, negligence or undue pressure, spanning all the facts of the case.

But Labour leader Joseph Muscat, who described Cyrus Engerer as a “victim”, said he had no confidence in Judge Manchè, who also heads the Permanent Commission Against Corruption, which “in 12 years never found a case of corruption”.

Dr Muscat called for two other public inquiries, which, he said, should include Labour-nominated board members.

He said one inquiry should look into how charges issued against Cyrus Engerer were “leaked” to the press the same morning they were filed in court. The other inquiry should focus on the fact that the Prime Minister’s chief of staff, Edgar Galea Curmi, made a phone call to the Police Commissioner about one of the cases, which Dr Muscat said amounted to interference. He said Mr Galea Curmi should resign immediately or be sacked by the Prime Minister.

Dr Muscat admitted Cyrus Engerer did not tell him about his pending case before joining Labour but said this was a personal matter, not a political one. He saw no need for action by the PL and said he would defend Cyrus Engerer who he considered to be a symbol of the many people who were victimised for not being “Gonzi’s Nationalists”.

Reacting to the item that appeared on The Times, the Nationalist Party, which before the police press conference called on the police to explain the sequence of events in both investigations, said the facts showed there was no political interference.

Alternattiva Demokratika also called for the police to explain the timing of their actions in the name of transparency.

In the morning, Prime Minister Lawrence Gonzi was asked to comment about both cases but said the government did not interfere in police work and, therefore, preferred not to comment.

A spokesman later told The Times: “The Prime Minister denies in the most forceful manner the lie that the government is targeting Mr Engerer and his family.”

Cyrus Engerer has not responded to any allegations made in his regard except to question the legality of the fact that his charge sheet reached the press before he received it. His lawyer, Franco Debono, cited article 518 of the Criminal Code and 39 (4) (c) (ii) of the Constitution of Malta, which speak about court documents and sensitive cases of morality.

What are the Engerers accused of?

The first case involves Christopher Engerer who runs Paradise Bar in Sliema and is the father of Sliema deputy mayor Cyrus Engerer.

Christopher Engerer was arrested on July 21, six days after his son’s defection to the Labour Party. He was intercepted by the police right outside his home where he was smoking a joint and carrying, according to Police Commissioner John Rizzo, five grams of cannabis.

Originally, the plainclothes policemen working on the case had visited his bar but since he was not there they decided to go to his house. After arresting him they searched his house where they found rolling paper and a cannabis crusher. No other drugs were found in his home or at his bar.

Mr Rizzo said the vice squad had been following a tip-off given to the police on July 6 by a known informant and the timing of the raid had nothing to do with Cyrus Engerer’s defection.

Mr Rizzo said the information was not investigated immediately due to other police priorities and normal procedural delays.

He said he was convinced the informant was not politically motivated but could have been motivated by “competition” in the drug industry. Mr Rizzo did not elaborate.

He added that Christopher Engerer was interrogated throughout the day but did not confirm whether he would be charged with trafficking or possessing the drug.

Mr Rizzo denied that he personally knew Christopher Engerer was a known drug taker but said that through initial investigations the vice squad realised their informant’s tip-off was reliable because Mr Engerer’s drug habits were “known” to the police.

During his arrest, Christopher Engerer claimed he was being targeted because of his son’s defection, a claim that was relayed to Mr Rizzo.

The Prime Minister’s chief of staff, Edgar Galea Curmi had contacted Mr Rizzo for more information about the case and asked him to assure Christopher Engerer’s lawyer that the raid was not politically motivated. Mr Rizzo felt this was something he should not do.

In a separate case, the police on Monday filed charges against Cyrus Engerer accusing him of circulating via e-mail pornographic images of his former boyfriend, Marvic Camilleri, to vilify him after their break-up.

Mr Camilleri filed a police report last year on January 15, saying he suspected Mr Engerer had sent the images to his friends and colleagues and felt slandered by them.

Mr Camilleri’s lawyers, Andy Ellul and Vince Micallef, said yesterday their client was willing to drop the charges and had “no interests against Cyrus Engerer”.

But Mr Rizzo said the charges would proceed ex-officio and could not be dropped, just like a domestic violence case could not be dropped after the police got involved.

Mr Rizzo added that the police never received any request to drop the “genuine” case.

Asked why the case took so long to be brought to court, Mr Rizzo said the investigation by the Cyber Crime Unit took time because it required particular expertise, including sending certain documents abroad.

He said the investigating officer found it difficult to agree on an interrogation date with Cyrus Engerer who spent a lot of time abroad on business. Eventually, the police interviewed Mr Engerer on June 23.

On July 9, Cyrus Engerer met the police inspector involved in the case at the gay pride march in Valletta and asked him to speed up the case.

The police have categorically denied having given a copy of the charge sheet to The Times.