A lawyer and a police prosecutor argued furiously in court this afternoon after contrasting evidence was given by serving and retired police officers on the outcome of an internal police investigation into claims of excessive use of force by the police against Serbian football supporters in July 2012.

Lawyers Giannella de Marco and Gianluca Caruana Curran asked to see the relevant police file to clear the issue.

The issue came up during the compilation of evidence against eight Serbian football supporters, a Greek and a Bulgarian over incidents that took place outside the Hibs Stadium in Paola during the Champions League match between Valletta FC and Partizan Belgrade on July 17, 2012.

The supporters are pleading not guilty to the charges of violently resisting arrest, disobeying police orders, threatening officers, invading the pitch and being drunk. One of them denied slightly injuring a policeman.

As he took the witness stand, former police commissioner John Rizzo said he had ordered an investigation into the allegations or police brutality and that, to his knowledge, there was a negative outcome.

He said he was not involved in the probe but had simply ordered it.

But this contrasted with the testimony of Superintendent Carmel Bartolo who, in a previous sitting, told the court that he was not able to testify on the probe itself as it was Mr Rizzo who had “personally” conducted the investigation.

As a transcript of Mr Bartolo’s testimony was read out to him, Mr Rizzo said: “Not to my knowledge. As far as I remember, I only ordered the investigation after hearing the claims. It was my duty after all. We can easily establish this by asking for police file to be exhibited in court. Or else get him (Mr Bartolo) here.”

He said he remembered seeing the report that concluded that nothing irregular had been found but, when pressed by Dr de Marco, Mr Rizzo said he could not remember the details of the report.

Dr de Marco said the internal investigation was compiled without even interviewing the people who were making the allegations.

The fans also claimed that officers sprayed pepper spray into the police van where they were being held. 

Dr de Marco said her clients had suffered injuries that a court expert said were compatible to kicks, including in the face, as well as bruising compatible to being hit with a truncheon.

In view of the contrasting testimonies, Dr de Marco asked to be granted access to the police file to see the conclusion of the internal inquiry “if there ever was one”.

Prosecuting officer Jurgen Vella said he could not commit himself to granting permission to view a police file and he had to refer the matter to his superiors. “I personally have no objection but there is an internal procedure that I must respect,” he said.

This brought an angry reaction from Dr de Marco: “When they [the police] try to cover up something, they do more damage to themselves. You should be on this side asking for action to be taken. I am disgusted at your attitude.”

Mr Vella also reacted angrily, saying the lawyer’s assertions were “unacceptable”, adding that “the police never received a formal complaint”.

“You must be joking,” the lawyer replied, as they were both stopped by presiding magistrate Claire Stafrace Zammit.

The magistrate gave the inspector three days to file an official reply to the defence request to see the police file.

In previous hearings, the court heard how the incidents were sparked off by a “hitch” in the organisational aspect of the match, whereby Serbian fans, despite having purchased tickets, were not allowed in because the entire seating was taken up by Valletta supporters.

The court heard that two Partizan supporters, holding a large banner, made their way into the stadium after climbing a perimeter wall. A policeman ordered them down and they were met by other policemen who handcuffed them and threw them to the ground.

More Partizan supporters, who were also refused entry, tried to force their way through after opening a large gate separating the stadium from an abandoned field but the police managed to push them back.

The case continues.