Police take action against sergeant
The St Julian’s police station has often made the headlines for the wrong reasons.
Disciplinary action will be taken against a police sergeant over his behaviour when dealing with a minor incident at McDonald’s outlet in St Julian’s.
In a note to Magistrate Francesco Depasquale, who had ordered an internal inquiry after hearing a court case on the incident, Police Commissioner John Rizzo said it had been established that Police Sergeant Ramon Mifsud Grech “lacked professionalism” when dealing with a group of customers who were shouting at the McDonald’s fast food restaurant in St Julian’s last March.
Mr Rizzo informed the magistrate that disciplinary action would be taken against the 41-year-old sergeant from Birkirkara over the incident.
Magistrate Depasquale had ordered the investigation as he threw out a criminal case instituted by the police against a 27-year-old man who, they said, threatened them while they were carrying out their duties.
The case revolves around an incident on March 19 when McDonald’s staff asked a customer to leave, accusing him of being too loud.
The police were called in and the customer left the restaurant as soon as he was ordered to. However, once on the pavement, he and two policemen, who in the meantime had been joined by others from the nearby station, were involved in what witnesses called a “commotion”.
The customer ended up on the ground beneath a number of officers who were trying to arrest him.
He was subsequently charged with threatening the two officers while carrying out their duties, breaching the peace and refusing to give his particulars. He was cleared of the charges.
In handing down judgment, Magistrate Depasquale said the court was “convinced” that the incident had not happened in the way that the police had alleged. He further noted that the police “may have used excessive force”.
Mr Mifsud Grech had also been charged, together with another two officers, of slightly injuring a French tourist but the case was thrown out because of a mistake on the charge sheet regarding the time of the alleged incident.
The officers were charged again last week in connection with the same incident, this time giving the correct time but the charge of slight injury was dropped because it became time-barred.
The policemen are contesting the fresh charges – which include damaging the Frenchman’s camera and committing a crime they were in duty bound to prevent – claiming double jeopardy, meaning that they cannot be charged twice for the same offence.
Action against sergeant
Mr Mifsud Grech was also mentioned in the case against suspended police inspector Jeffrey Cilia who alleged that he was assaulted by the sergeant.
Mr Rizzo told the magistrate that the investigation was carried out by the force’s internal affairs section, which had questioned Mr Mifsud Grech and three other police officers as well as three McDonald’s staff, the customer in question and four of his friends.
He told the magistrate that since the investigation followed the court case, the police and the customers had ample time to “agree on a specific version of events”. The version of the restaurant staff was more “independent and spontaneous”, Mr Rizzo noted.
He said the inquiry established that the customers were being very noisy and that was why the police were asked to intervene. It also confirmed that one of them had started arguing with the police on why he was being escorted out.
Mr Rizzo said it did not emerge that the police had any ulterior motive to charge the customer in court. He admitted that the prosecution had not produced enough witnesses to support its claims, including the restaurant staff. Moreover, there were defence witnesses who did not testify in court.
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43 Comments
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Godwin Borg
Aug 24th 2012, 12:17
May be it is time to introduce an Ombudsman Commission who will deal with these matters .
Inquiry Independence Impartiality, like the one that exist in Ireland.
John Cole Smith
Aug 20th 2012, 15:09
Police Sergeant Ramon Mifsud Grech “lacked professionalism”!
If I may ask, does the Police Commissioner know if this is a one off or is it that Police Sergeant Ramon Mifsud Grech “lacked professionalism', throughout his career?
I am a frequent client at the St Julian's Police Station, there are four shifts, three make you cry with the intensity they show in helping you, the other shift, one has to check if a particular sergeant is working, then if so, wait till that shift is over. I always felt I was walking in a wolves den, I have learnt to check though the side window and either enter or run.
It could also be that some members of the force need help.
John Pace
Aug 19th 2012, 01:26
Always closer to George Orwell's nineteen eightyfour!
Joihn Mifsud
Aug 13th 2012, 18:59
who is to judge what is excessive or necessary,? Only those officers involved can judge (at the appropriate time) what is excessive or simply necessary unless it is amply obvious that an abuse of authority has been committed
Giov DeMartino
Aug 13th 2012, 18:06
For five consecutive weeks, the PN media gave a detailed story of a police officer who allegedly boarded an aeroplane illegally and ordered a passenger to leave the plane and board another one. The alleged incident happened when the leader of the opposition was visiting Libya. We were also informed that the police were investigating this incident. That was some two months ago. Are the investigations still going on?
Nenu Galea
Aug 13th 2012, 21:31
tippruvax twaqqa kollox politiku.
Giov DeMartino
Aug 14th 2012, 15:53
Ti trid tfisser ezatt, Nen? Jien semplicement saqsejt jekk wara xahrejn l-investigazzjoni tlestietx jew le. Jien nahseb li INT U INT BISS ippruvajt taghmel hekk.
Emmanuel Caruana
Aug 24th 2012, 13:21
il-Politika qied idahhala int Nenu Giov De Martino sempliciment staqsa jekk il- Korp hux qied jimxi sempliciment 'two ways, two measures'.
Mr Andrew Camilleri
Aug 13th 2012, 18:03
Why an internal inquiry? How the police judge themselves? Is it not about time an independent board of inquiry was set up?
James Dewar
Aug 13th 2012, 16:39
Is it purely coincidence that the same sergeant is named as being involved in two recent incidents of disorder?
Frank Muscat
Aug 13th 2012, 13:37
Here we go again. The Police are always on the wrong. Resisting arrest means that the Police will have to use some force, but if they do they will be charged for using excessive force. So why bother to do their duty. This is the situation and the C. of P. should realise this and start sympatizing with his subordinates.
James Dewar
Aug 13th 2012, 14:40
They are allowed and indeed expected to use "reasonable force" which has to be justified and proportionate to the threat, not force that in the circumstances can be deemed to be excessive.
Joseph A Borg
Aug 13th 2012, 13:02
The police force should train officers in threat escalation when engaging street rowdiness. They have the power of the state behind them but many times they lack the self confidence and wherewithal to engage in a measured manner.
In this case there seems to have been enough man power to handle one person properly.
Now a possible start of engagement with rowdy and unruly persons would be to waste as much of their time as possible and annoy the subject whilst keeping the police in control*. In this case they could have a maddeningly bureaucratic procedure used to check if the subject is under the influence, heavily medicated or has a medical condition that impairs judgement like epilepsy or diabetes that needs immediate attention.
So can our esteemed force structure such a game that is within the legal rights the subject, has valid and humane use in edge cases and train the police to use it instead of them getting aggravated and just booking the person for a court appearance?
The latter should be used only in cases of self harm, harm to others or harm to property.
* if the situation doesn't have enough officers, then there should be a plan B until more support arrives. Maybe we should have police on electric bikes patrolling tourist areas.
Barbara Gordon
Aug 13th 2012, 12:22
Charges which sounds very strange as these people wearing a uniform are suppose to control the situation rather than creating a caos. On the other hand one have to take note that not all officers are all of the same kind. As there are many others who manage to go out of their way for the good of the society. Although one can experience the two side of the coin I have to bring the attention of who is in charge of these named as "Bluffy PCs" to be controllable and penalised accordingly.
A Spiteri
Aug 13th 2012, 12:19
Shouldn’t a corporation like McDonalds be responsible for its own security?!
Why waste taxpayers’ money and Police precious time taking care of such a big company?!
The Police should only be there to protect those who are vulnerable and cannot defend themselves, like elderly, children and people with disability. The others should be granted the rights to defend themselves all alone.
E. Azzopardi
Aug 13th 2012, 12:03
Let us hear both sides of the story. It could be this sergeant is at fault, but what do you want the police to do when faced with arrogant aggressors? With all the illegal foreigners it is becoming more difficult both for the police and the CITIZENS. But I think nobody has notice this, as usual, In my opinion nothing is being done.
Professionalism!!! Many who are giving a "service" have never heard about the word. But as long as we have "CUSTOMER SERVICE" splashed all over the place, on the website etc, then we are in line. Let us not kid ourselves.
Peter Murray
Aug 13th 2012, 11:48
There should be an independent body tasked with investigating allegations against police officers and that such should not be dealt with on an "in-house" basis.Moreover,that whatever findings ,allied with any punishment they hand down, should be made public.
C Muscat
Aug 13th 2012, 11:37
Jien kull ma nista' nghid li l-bierah gejt bzonn il-pulizija u gew malajr, gabu l-ordni u cempilt lura biex ghedt grazzi u prosit.
Tajjeb li nhallu l-awtoritajiet jaghmlu xogholhom; bhal meta jkun hemm road block; qat ma naf li kelli trouble...
Anthony Portelli
Aug 13th 2012, 11:22
Why claim double jeopardy if they have nothing to hide....
Jay Oatmon
Aug 13th 2012, 11:01
It seems that charges against the police and others are routinely manipulated by incorrectly filling out charge sheets.
We have a conflict of interest situation where we have the fox guarding the hen house - this must change, because basically it is a corruption of justice.
Francis Sammut
Aug 13th 2012, 11:27
Hear, hear. Well said Mr. J. Oatmon.
Luciano Borg
Aug 13th 2012, 10:57
Why are you all taking it against the PCs? In the US this idiot would have been tasered and none of the Police would have had to face a court-case. Maybe the police should start filming all these incidents so that we may well then watch and say - what an idiot customer, he deserved to be arrested!
Anthony Agius
Aug 13th 2012, 11:17
I have never had the police use excessive force on me, then again I have never been thrown out of a restaurant.... Many of us still believe that policemen and women are doing a good job here despite appalling working conditions. It is not just a one time bonus that is required!
James Dewar
Aug 13th 2012, 11:59
Did you witness the incident? If not how can you justify the comment "this idiot would have been tasered". On the face of it the incident seems to have featured a gross over-reaction by Police who apparently handled the situation badly and the current proceedings tend to confirm this. I don't think the comparison with trigger happy yanks is either realistic or fair!
Charles Muscat
Aug 13th 2012, 12:19
You make me sick to the stomach you Maltese comparing Malta with other countries as if you had the same discipline and law and order as other countries. Law in Malta is looney tunes so please stop comparing Malta with other countries.
JOSEPH MUSCAT
Aug 13th 2012, 13:36
@Luciano Borg, In the U.S.of A.if the police cause anybody any harm and they get a claim against them it could cost the American tax payer MILLIONS of DOLLARS in CURRUPTED Malta put the wrong time or place, and you know the rest LUCIANO. TMUT FUQ RUH OMMA Malta is not much better than an African or a South American dictator.Iam sorry to say.
Mr Andrew Camilleri
Aug 13th 2012, 18:05
Luciano Borg: thank God we are more civilized than the Americans! The police there are quite brutal and being a prisoner is no joke as they make you wear leg-irons - reminiscent of slavery. No thanks - lets be more like the British bobby.
James Dewar
Aug 13th 2012, 18:50
@ Andrew Camilleri: Even "British Bobbies" are routinely equipped with batons and CS Spray and a number are now authorised to carry and use Tasers. I know what you mean though and agree with you!
Jeremy Azzopardi
Aug 13th 2012, 10:44
I do not know the details, and certainly cannot judge either officers or other parties involved. But my guess is that with the heavy load of people in st. Julian's, police officers in the area feel more stressed and are more on alert, or on edge perhaps, than in other localities. This maybe leads to problems, especially since there are a lot of young people and a lot of drunk people during weekends who are themselves pushing those around them on edge when they 'misbehave' (a small minority perhaps, but that's another story). So perhaps the police then over react, being on edge and, understandably, expecting the worst. I don't know whether officers who patrol the streets of St. julian's are provided with extra training, but perhaps some extra training would help them face a 'busy' night, with all the stress and pressure it piles on them.
mark johnson
Aug 13th 2012, 11:02
My guess is that the young man is from an 'influential' family. Would this be a story if the young man was an immigrant?
Jeremy Azzopardi
Aug 13th 2012, 11:49
I think it would, though perhaps with a different outcome!!
Mr Richard Galea
Aug 13th 2012, 10:41
I suppose this is one of those who are getting a one-off bonus at the taxpayers expense!
Mario Tabone-Vassallo
Aug 13th 2012, 10:37
Prosit lill-Magistrat u lill-Kummissarju, hekk titlob is-serjeta. Ma ninsewx li nistnnew li l-pulizzija tidhol f'hafna grajjiet differenti, jghinu xjuh u tfal, irazznu l-vjolenti, jindokraw festi, jghassu nhawi u nies; mhux xoghol hafif tilbes dal-kpiepel kollha u ssibhom joqoghodulek kollha tajjeb. Izda dan ma ghandu qatt ikun skuza ghall-arroganza, prepotenza u ksur tal-ligi li suppost iharsu. Obbligati dejjem hafna ghall-pulizzija, izda nistennew imgieba ta' ezempju minnhom. Meta tonqos, jinhtieg li jkun hemm riperkussjonijiet, kif sehh f'dal-kaz. Prosit mill-gdid lill-Magistrat ta' ezempju rari, nghiduha kif inhi, u lill-Kummissarju ta' risposta xierqa.
Jay Oatmon
Aug 13th 2012, 10:29
This will probably end up as a 'whitewash' of the wrongdoing with no real action taken.
P Bonnici
Aug 13th 2012, 11:13
Exactly.
John Dee
Aug 13th 2012, 10:21
In a country which seems to have very few laws which are actually executable, how can there be so many ways to "get out" of facing a charge when the police are involved?
stephen mifsud
Aug 13th 2012, 10:17
keystone cops rides again in malta ... its almost impossible to,get proper justice in malta ...
Mario Tabone-Vassallo
Aug 13th 2012, 10:01
Prosit lill-Magistrat u lill-Kummissarju, hekk titlob is-serjeta. Ma ninsewx li nistnnew li l-pulizzija tidhol f'hafna grajjiet differenti, jghinu xjuh u tfal, irazznu l-vjolenti, jindokraw festi, jghassu nhawi u nies; mhux xoghol hafif tilbes dal-kpiepel kollha u ssibhom joqoghodulek kollha tajjeb. Izda dan ma ghandu qatt ikun skuza ghall-arroganza, prepotenza u ksur tal-ligi li suppost iharsu. Obbligati dejjem hafna ghall-pulizzija, izda nistennew imgieba ta' ezempju minnhom. Meta tonqos, jinhtieg li jkun hemm riperkussjonijiet, kif sehh f'dal-kaz. Prosit mill-gdid lill-Magistrat ta' ezempju rari, nghiduha kif inhi, u lill-Kummissarju ta' risposta xierqa.
Dennis Agius
Aug 15th 2012, 11:18
lill Mario Tabone-Vassallo, qatt kellek ic cans bhal ma ghidt tajjeb int fit tieni linja, li tipprova trazzan bniedem vjolenti, fis sakra, waqt xi festa jew fil genna ta l-art (Paceville). meta tipprova tikkontrolla lill xi hadd li ma jridx jikkopera assolutament mieghek u jghamle minn kollox biex jahrab minn dak li jkun ghamel jew qed jaghmel....allura kun l-ewwel persuna li ghandek tmur u taghllem lill Pulizija kif.
Illum sahansitra Pulizija jew Warden jieqaf biex jaghmel citazzjoni fuq vettura ipparkjata u jispicca aggredit. din is sitwazzjoni li spiccat Malta.... bl-iskuza li naghmel li rrid u jekk iwaqfuni il Pulizija b'xi mod nibda naghjjat bil Police Brutality.
Patrick Zammit
Aug 13th 2012, 09:49
A mistake on the charge sheet again?
Isn't this becoming too familiar?
It appears that these charge sheets are either being filled by imbeciles or else, by "cunning" officers.
Deo Catania
Aug 13th 2012, 10:54
No new mistakes, don't try creating stories. Learn to read well.
Patrick Zammit
Aug 13th 2012, 11:19
Deo, it is you who should learn to read well.
The above article states that in the case of the French national who alleged that he was slightly injured by the same sergeant, the case was thrown out due to a mistake on the charge sheet.
Peter Murray
Aug 13th 2012, 09:23
So what "action" will be taken exactly ?As action doesn't feature very prominently on any governmental entity's to-do list and what action was taken against all those police officers who inaccurately and incorrectly filled in a great many charge sheets?
Please choose the reason of your report below: