A magistrate has ordered the Police Commissioner to investigate the behaviour of two officers stationed at the St Julian’s police station over possible “excessive use of force”.

This is not the first time officers from St Julian’s police station have been caught up in controversy

The order came as Magistrate Francesco Depasquale threw out a criminal case instituted by the officers against a 27-year-old man who, they said, threatened them while they were carrying out their duties.

Magistrate Depasquale said the court was “convinced” this had not taken place as they claimed and that the police “may have used excessive force”.

The case revolves around an incident early in the morning on March 19 in St Julian’s, when McDonald’s staff asked the man to leave because, they claimed, he was being loud.

Police were called in and two officers arrived: constable 80, Stephen Mercieca, and police constable 781, Anthony Zammit.

The court heard the man walked out of the restaurant as soon as the police requested him to do so.

On the pavement, he and the two officers, who were joined by others from the nearby station, were involved in what witnesses called a “commotion”, with the man ending up on the ground beneath several policemen as they attempted to arrest him.

He was subsequently charged in court with threatening the two officers while they were carrying out their duties, breaching the peace and refusing to furnish police with his details.

The man denied the charges and, as usually happens in district sittings, the officers filed an affidavit with details of the case. The court also heard testimonies of three of the man’s friends, who were with him during the alleged incident.

Delivering judgement, Magistrate Depasquale said the court was “convinced” the officers’ allegations were not true.

He added the police “may have used excessive force” after it had been declared in court that the man left the restaurant promptly when asked to do so and had not resisted the police in any way.

“Since the court is convinced that what the accused is being charged with did not really take place as the policemen are alleging, the court acquits the accused of all the charges brought against him and orders the Police Commissioner to investigate the matter,” Magistrate Depasquale said.

Questions sent to police regarding this magisterial order for an investigation remained unanswered by the time of going to print yesterday.

This is not the first time officers from the St Julian’s police station, which also covers Paceville, have been caught up in controversy.

Last October, St Julian’s police issued criminal charges against two British expatriates who made claims of police inaction in a story in The Times.

The Britons alleged the police failed to arrest a man who had attacked them after they witnessed him hitting his girlfriend. Two days after the story was published, the police called the main witness and her friends to the St Julian’s police station for questioning and charges were filed against them.

The court threw out these charges, saying the British nationals had been justified in their complaints.

Another recent case involved entrepreneur Keith Marshall, who was charged with threatening an officer and inciting racial hatred after giving them a piece of his mind for taking a long time to act on a report he had filed about a car blocking his garage late last year.

This case was also heard by Magistrate Depasquale, who threw out the charges filed against Mr Marshall.

mxuereb@timesofmalta.com