An internal police report on what led investigators to wrongly accuse a man of armed robbery in 2013 has been submitted in court but will remain under wraps.
The report was filed by Assistant Police Commissioner Mario Spiteri during libel proceedings lodged by Police Inspector Elton Taliana against the General Workers’ Union weekly It-Torċa.
Mr Taliana, who had arraigned a man who confessed to the crime, was chastised by the Police Board for failing to alert his chain of command about a mistake made by the Criminal Investigations Department.
The Public Service Commission rules are clear
The case involved Darryl Luke Borg, 27, who had been remanded in custody after being charged with carrying out an armed robbery at The Convenience Shop, a grocery store in Mgr Alfred Mifsud Street, Birkirkara.
The mistake came to light two days later when Mr Taliana arraigned Roderick Grech who pleaded guilty and was handed a suspended sentence.
In the wake of the embarrassing incident, former police commissioner Peter Paul Zammit ordered an internal inquiry but its findings were never published.
Home Affairs Minister Carmelo Abela said in Parliament last week it was up to the new Police Commissioner, Michael Cassar, to decide whether the internal report should be published.
Magistrate Francesco Depasquale, who is presiding over the libel case, ordered that the report should remain confidential, telling the lawyers of both parties that “this is for your eyes only”.
Dr Spiteri testified that, on the basis of this report, dated September 16, 2013, Mr Zammit had initiated proceedings against Mr Taliana before the Public Service Commission, which are still pending.
Similar proceedings had also started against Police Inspectors Carlos Cordina and Joseph Mercieca but, according to Dr Spiteri, Mr Zammit had ordered the proceedings to be stopped.
“According to internal procedures, the two CID officers were asked for their versions, known as exculpatory statements, and these were sent to the police commissioner [Mr Zammit]. When he saw them he felt there ought to be no disciplinary proceedings against them,” the witness said.
Mr Taliana’s lawyer, Joe Zammit Maemple, asked Dr Spiteri: “So you’re telling us that the inspectors who arraigned the wrong person did not face proceedings but the person who arraigned the right one did.”
Dr Spiteri replied: “The Public Service Commission rules are clear. I was not involved in the decision as procedures had started under Mr Zammit and he took the decision.”
The case continues.
Lawyer Yana Micallef Stafrace appeared for It-Torċa.