A police officer at the centre of an investigation over claims that he and a colleague beat up a motorist in Mġarr has complained that he was never cautioned or given the privilege against self incrimination.

Rapid Intervention Unit officer David Camilleri said he had testified in the criminal case against motorist Jean Paul Aquilina but was never given the right to remain silent not to incriminate himself.

He filed an application before the First Hall of the Civil Court in its constitutional jurisdiction claiming that his right to remain silent had been breached when he was not cautioned before testifying even though the prosecution knew that criminal action will be taken against him and his colleague.

Through his lawyer Tonio Azzopardi, Mr Camilleri said that any criminal action against him is null and void in view of this breach that is guaranteed by the constitution and also the European Convention of Human Rights.

Moreover, Mr Camilleri claimed that the police had failed to search Mr Aquilina’s car despite his claims that he had a revolver and had threatened to use it against them. The police, he said, had also failed to carry out a breathalyser test on Mr Aquilina to establish whether he was driving under the influence.

Neither had they taken a sample of his urine to establish whether there were any traces of illegal substances, Mr Camilleri claimed.

He said that the Internal Affairs Unit had claimed that on the police recording, someone was heard saying “you're going to kill him”. However he insisted that this was not true as this phrase cannot be heard in any recording the police had in their possession.

He called on the court to rule that his right to remain silent had been breached, cease all criminal action taken against him and compensate him for the breach he had suffered.

PC Camilleri further claimed that he had been “pressured” not to involve the newly-set-up Police Officers’ Union, in breach of the right of assembly in a trade union or association.

The application was filed against Police Inspectors Ramon Mercieca and Jesmond Micallef, both from the police Internal Affairs Unit, Police Inspector Nicholas Vella, who is prosecuting in Mr Aquilina’s case, as well as the Police Commissioner and the Attorney General.