(Adds GWU's reaction)

Two policemen are to face criminal charges after a driver claimed that he was "brutally attacked" by them when he was stopped for alleged drunk driving.

Magistrate Carol Peralta heard Police Assistant Commissioner Mario Spiteri explain that the internal investigation that was ordered by the court during the arraignment of driver Jean Paul Aquilina had been concluded and criminal action would be taken against the two policemen.

He did not say what they will be charged with. 

Mr Aquilina is claiming that he was beaten by two Rapid Intervention Unit police officers, David Camilleri and Mark Tonna. It was only after the last court sitting last week that the officers were interrogated over the incident.

During last week's court sitting, it was stated in court that at no point were they interrogated or investigated. 

The officers claim it was they who were assaulted by the driver. One of them suffered superficial injuries: small scratches to his elbows and a one-millimetre scratch to his forehead while the other officers had "redness" on his nose bridge and the side of his face. These were treated at a health centre. 

Mr Aquilina, 24, from Mosta, stands charged with dangerous driving, assaulting police officers, resisting arrest and disobeying their orders.

During last week's sitting, PC Camilleri could not explain injuries suffered by the driver, who is claiming he was punched, kicked and shoved. He also suggested that Mr Aquilina’s injuries were self-inflicted, because he slammed himself against the police car during a scuffle after he assaulted the officers. 

As the case continued this morning, Mosta health centre doctors Sarah Vella, Mark Grech and Owen Mifsud testified on the medical examinations on PC Camilleri, PC Tonna and Mr Aquilina respectively. 

PC Camilleri had five scratches in total - one measuring one centimetre, two of two centimetres, one measuring four centimetre and a one millimetre scratch on his forehead. She also ordered an xray of his middle finger since he was complaining of pain but there were no fractures. 

Under cross examination, Dr Vella said the scratches to the elbows could have been sustained while trying to restrain someone on the ground. 

Dr Grech said PC Tonna had a small bruise on the right knee and redness on the nasal bridge. He could not see any of the injuries in the photographs exhibited in court.

Dr Mifsud said Mr Aquilina had a laceration under his eye and bruises on his face. He referred him to Mater Dei Hospital for further examinations of his nose and his skull just in case there were internal injuries. There were no fractures. 

Injuries on face could be compatible with an impact with something stationary while marks on his neck were compatible with someone grabbing him from the neck. Injury on his abdomen compatible with a kick, he said. 

Police Sergeant Kevin Camilleri, who was only two minutes away when he heard a call for assistance on the police radio, said that when he arrived he saw two people on the ground in the middle of the road and thought that someone had been hit by a car. However, when he moved closer he saw a man and a police officer "entangled" and another police officer trying to get them apart. 

Even though he said it was dark, he said he could see that Mr Aquilina was red in the face and had bloodshot eyes. Sergeant Camilleri said he managed to handcuff Mr Aquilina and told the other officers to back off. 

He also said there was a blonde woman - Mr Aquilina's girlfriend - who was screaming, telling the police not to beat up her boyfriend, was pulling at a police officer's uniform and was saying "you should be ashamed of yourselves". 

He said various police cars responded to the call for assistance, including a police Landrover that drove to Mgarr all the way from Paceville. There were more than 11 officers on site in total. 

PS Camilleri said that at no point did he see anyone hitting or punching anyone and when asked whether he testified in the internal inquiry, he replied that he had submitted a statement. 

At one point during his cross examination, PS Camilleri said he saw redness on PC Tonna's chest but it was pointed out to him that the officer was wearing a vest so he could not have seen it. 

Mr Aquilina's defence lawyer, Mario de Marco, said that in view of the outcome of the police internal inquiry, the prosecution ought to see whether it wanted to review the charges brought against his client. 

"The inspector should not be blinkered but should work hard to find out the whole truth and nothing but the truth," he said. 

"In view of this development, that has a bearing on the entire case, the inspector is duty-bound to see what has to be done. He could change or retract charges," he added. 

Prosecuting Inspector Nicholas Vella, who said he only heard of the outcome of the internal inquiry this morning, said he has until the end of the case to vary the charges, if required. 

The case continues next week. 

Lawyers Aaron Mifsud Bonnici and Abigail Critien, appeared parte civile for the officers and on behalf of the Police Officers' Union, affiliated with the General Workers' Union.

INQUIRY 'DISTORTED AND VITIATED' - GWU

In a statement, the General Workers’ Union claimed that the inquiry was “distorted and vitiated”.

In a letter sent to Police Commissioner Michael Cassar, GWU general secretary Tony Zarb condemned the advice the officers are claiming they were given by three police inspectors criticising their decision to involve the Police Officers’ Union to defend them and their case.

The court this morning ruled that the police officers, as the alleged injured party, had the right to be represented by their own lawyers.

Mr Zarb told the Commissioner that Inspectors Ramon Mercieca, Jesmond Micallef and Geoffrey Azzopardi told the officers that involving the union would make the issue “political” and would blow up the matter more than it already was.

They also told them that if they were in the same situation, they would not involve the union but have their own personal, “independent” lawyers to represent them. They also told them to inform the union not to attend court sittings.

Mr Zarb further stated that the high-ranking officers told the two RIU officers not to let anyone use them or their case, taking this as a direct reference to the Police Officers’ Union which is affiliated to the GWU.

He said such comments were “unacceptable” and called on him to ensure that police officers are given the full rights to join a union of their choice, according to the legal notice that was issued earlier this year.