A policeman has been ordered to pay €33,878 in compensation to a man he shot in Sliema in 1995.

A fellow policeman who was present on the scene of the incident was however acquitted of all liability for the personal injuries sustained by the man.

Judgement was handed down by Mr Justice Mark Chetcuti  following a writ of summons filed by the victim, Charles Azzopardi, against PS Frank Sciberras and PS Sandro Magro.

Mr Azzopardi told the court that he was driving along Qui si Sana waterfront in Sliema in September 1995 when the two officers, in plain clothes, signalled him with a pistol to pull over.

Since he had no idea that the men were police officers he had not pulled over because he thought that they were criminals and that this was a hold-up.

One of the two men shot and seriously injured him.

Mr Justice Chetcuti found that the police officers' version of events was more credible than that given by Mr Azzopardi. The police officers had been assigned to the Drug Squad and were patrolling the St Julians and Sliema areas. Both men said that they saw Mr Azzopardi driving his car in the middle of the road  very slowly, raising suspicion.

They decided to overtake him in their own unmarked car. As they were overtaking Mr Azzopardi, the latter called out an offensive comment through his car window.

The policemen stopped their car in front of Mr Azzopardi's.

PS Magro, who was in the passenger seat, got out, identified himself as a police officer and told Mr Azzopardi  to stop. But, instead, Mr Azzopardi reversed his car and tried to drive off.

At this stage, PS Sciberras got out of the car and shot at Mr Azzopardi's car. Mr Azzopardi was hit in the leg and suffered serious injury.

Mr Justice Chetcuti said that the version given by the police officers was supported by the testimony of the ballistics expert appointed by the court.

The court said that in order to stop Mr Azzopardi from driving off, the policemen had to be reasonably satisfied that he was acting in a suspicious manner. The fact that Mr Azzopardi was driving very slowly in the middle of the road did not give rise to a reasonable suspicion that he was in possession of prohibited substances or the proceeds of a theft.

Not all actions which were outside the normal realms of behaviour entitled the police to stop a car and investigate. This was particularly the case when the police officers were in plain clothes and were driving an unmarked car.

It was true that Mr Azzopardi had passed an offensive comment at the policemen, but this was a contravention that did not give rise to the right to stop and search.

The police were entitled to defend society, but their right to use force had to be used as a remedy of last resort.

Mr Justice Chetcuti said that neither of the two police officers had been given adequate weapons training or training in the rules of engagement. PS Sciberras had fired at Mr Azzopardi when no lives were at risk.

The court concluded by finding that PS Sciberras was responsible for the injuries suffered by Mr Azzopardi, while PS Magro was exonerated from responsibility.

PS Sciberras was ordered to pay Mr Azzopardi €33,878 in damages.

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