Four prison warders who had been jailed for five years for beating an inmate who tried to escape had their sentence reduced to a suspended prison term by an appeals court.
In December 2013, a magistrates’ court had found Francis Debono, 45, of Safi, Francis Meli, 43, of Birzebbuġa, Daniel Cuschieri, 31, of Paola and George Falzon, 32, of Qormi guilty of beating Dutchman Perry Toornstra.
The case dates back to August 9, 2008 when the inmate was being escorted to the Corradino Correctional Facility, after having been granted prison leave. Mr Toornstra, who was serving a 15-year-jail term for drug smuggling, had suffered a broken rib and was left with a boot mark on his back.
The inmate, who was not handcuffed, had managed to escape from a police car in Paola just as he was due to re-enter prison. The man had taken advantage from the fact that car window was open, because the car was not equipped with an air conditioning unit, and opened the lock from the outside.
In its decision, the first court, presided by Magistrate Marseann Farrugia, had ruled that the warders had been “overzealous” and had literally squashed Mr Toornstra on the floor, while arresting him.
Ten days later, the warders filed an appeal. They argued that forensic pathologist Mario Scerri had not given any weight to the version of events they gave. According to Dr Scerri, the injuries sustained by the Dutchman were compatible with a beating and not violent resistance to arrest.
In its decision, the appeals court, presided by Mr Justice Antonio Mizzi, ruled, that the expert had gone beyond his remit, and should not have made certain conclusions which only a court could draw.
While pointing out that Mr Toornstra’s arrest had stirred a commotion to the extent that three persons had been injured, there was no sufficient proof to conclude that Mr Toornstra had been tortured, the Judge said.
The appeals court reduced the five year prison term to six months suspended for two years. The warders also ordered to pay €1,271 in court expenses.
Lawyers Joe Giglio, Steve Tonna Lowell, Kathleen Grima and Manuel Mallia were defence counsel.