The damaged car is taken away from the scene. Photos: Mark Zammit Cordina

Police officers “completely broke with procedure” on Wednesday night when they moved a vehicle – shot at by the Home Affairs Minister’s security driver – before the inquiring magistrate arrived on the spot.

Senior investigators told The Sunday Times of Malta they felt that the way the crime scene was disturbed was “completely unacceptable”.

This is a point Opposition leader Simon Busuttil picked on and yesterday called on Acting Police Commissioner Ray Zammit to explain why he had issued orders for the car – which had three bullets lodged in its roof and rear – to be lifted on a low loader before the magistrate and investigators arrived.

“Did the Acting Police Commissioner issue the orders on somebody else’s instructions? Why have nearly three days passed and the minister’s driver not been arraigned,” he asked.

Dr Busuttil said Prime Minister Joseph Muscat’s credibility was in “freefall” and if he remained weak in the face of the sheer abuse of power and failed to sack his “lying” Home Affairs Minister, he was nothing “but an accomplice”.

Dr Muscat reacted by tweeting: “Decided to ask Opposition leader to appoint an ex-judge of his choice to lead a board of inquiry in this week’s deplorable incident.”

Dr Busuttil tweeted back: “@Joseph Muscat stop ‘shooting’ from the hip and stand up to be counted. It’s your mess, now deal with it. Be a Prime Minister for once.”

The government has appointed a separate board of inquiry – made up of three former members of the judiciary – to establish what happened within two weeks. But Dr Busuttil said through this board Dr Muscat was brushing aside responsibility, and nobody but he himself could sack a minister.

Wednesday’s incident involves Manuel Mallia’s driver, Constable Paul Sheehan, who chased Scotsman Steve Smith through the streets of Gżira and Msida, after the latter crashed into the minister’s official car. When the crash happened, the car was parked in Triq Nicola Cottoner, Gżira, where Mr Sheehan was at his mother’s house until Dr Mallia’s function was over.

A chase followed and Mr Sheehan caught up with Mr Smith in Triq Wied il-Kappara, a residential road at the back of the national pool.

Residents who spoke to the media on condition of anonymity said they heard a horn hooting just before 9pm. A woman saw two men arguing when she went out in her balcony to see what happened. She thought nothing of it and went back in. But some 10 minutes later she heard loud shots being fired.

By this time, several residents were peeping out. A woman said she saw a Mr Sheehan waving a gun “as if he was John Wayne”, and the Scotsman asking “why are you threatening me with a gun?” The next thing they saw was the Scotsman screaming when the shots were fired and fleeing the scene.

The car chase ended at the tunnels underneath the skatepark in Msida. A timesofmalta.com videographer arrived on the scene shortly before 10pm to find the ministerial Mercedes Benz E-Class blocking the way of the Scotsman’s Silver Vauxhall Insignia at the back.

There were around eight officers on site, none of who were taking photos of the cars. A short while later a low loader arrived at the scene and for no apparent reason – traffic was still able to move freely – moved the Vauxhall about 100 metres further up, parking on the same lane.

“There is no apparent valid reason for this manoeuvre. But beyond that, this is against police procedure. You don’t mess up the crime scene before the investigators have time to take note and assess it,” one source said.

Even inquiring Magistrate Natasha Galea Sciberras complained about the move, according to police sources.

Commenting on the latest developments, Dr Busuttil held a press conference at the spot where the shots were fired and called Dr Muscat to stop hiding behind the magisterial inquiry and dismiss Dr Mallia for lying and attempting to cover up what happened.

Dr Muscat has gone on record saying he will wait for the inquiry’s outcome before deciding Dr Mallia’s political future.

Speaking yesterday on Radio Malta, Dr Muscat reiterated that he was shocked at the incident and described Mr Sheehan’s behaviour as “inexcusable” and an “unjustifiable overreaction”.

Asked whether Dr Mallia should shoulder political responsibility for giving the wrong information – it was stated that two warning shots were fired in the air when three bullets were actually fired at the car – Dr Muscat said Dr Mallia would shoulder political responsibility if he knew what was happening and ordered the wrong information to be issued. This was definitely not a case of cover-up, he insisted, especially since the incident took place in the middle of the road with journalists’ cameras filming.

However, Dr Busuttil was unequivocal in his demand for Dr Mallia to shoulder his chauffeur’s irresponsible behaviour and excessive use of force. “This is the result of a culture fuelled by the Labour Party that people can do what they want and disrespect the law. We are not in the Wild West and such behaviour is unacceptable in a democratic country.”

Reacting to Dr Busuttil’s demands for an explanation, the police’s media section said Mr Zammit did not issue any orders for the low loader to move before the magisterial inquiry took place.

“Although the car was loaded on the police’s low-loader it remained on site and the inquiry continued just the same,” the police said.

This, the Nationalist Party said, confirmed exactly what they were saying – there was “tampering of evidence” and the Scotsman’s car was moved.

Contacted by The Sunday Times of Malta to explain, and say why the scene of the crime had been disturbed before the magistrate’s arrival, Mr Zammit asked for questions to be sent via e-mail. No reply was forthcoming by the time of going to print.