The board of inquiry said it was Acting Police Commissioner Ray Zammit’s “lack of professionalism” that was probably to blame for his behaviour which strengthened the allegations of a cover-up.

However, the board said it was of the opinion that this was not done with bad intent.

“The Acting Commissioner has to shoulder most of the responsibility for the inaccuracies in the official statement issued by the home affairs ministry shortly after the incident, which said that shots were fired in the air, when it resulted without any shadow of a doubt that these were fired at the car belonging to Stephen Smith.”

The board also chided Mr Zammit for doing nothing to correct the initial statement even after seeing the bullet holes in the car, later that night.

“The fact that one would turn a blind eye to what is manifestly existing in front of him or to what is being said to him, indicates huge negligence, which cannot be excused,” the board said.

The Acting Commissioner was not credible when saying that he had been told of the warning shots by Major Sergeant Vanessa Azzopardi. While the latter denied ever using the term warning shots and this was corroborated by PC Emman Grima, Mr Zammit also discarded what the driver, Paul Sheehan, had told him (that he had fired two shots at the other driver Steve Smith).

It was also noted that Superintendent Sandra Mamo had informed Mr Zammit that the car had been hit by the bullets.

It also transpired that it was Mr Zammit who “hastily” decided to send a low-loader on site to take the vehicle belonging to Mr Smith to the police depot.

Though the Acting Commissioner argued that this was a “very normal” procedure, it transpired that his order gave rise to a mix-up which was exploited by those who arrived first on the scene of the crime.

On the other hand the board was not of the opinion that the commissioner might have thought that his order would be misunderstood by the officer in charge of the low loader.

As a matter of fact, Mr Zammit insisted with Superintendent Mamo that the scene of the crime should be preserved.

The board also concluded that the car was driven on to the low-loader by Inspector Gabriel Micallef, who justified his behaviour by saying that he wanted to “help” the police.

Kurt Farrugia suggested issuing a correction

The board of inquiry absolves the government’s head of communication Kurt Farrugia from any wrongdoing.

In recent days, Mr Farrugia’s role in the affair became a target over the statement to the press that he had issued on the night on the incident and its implications in terms of the allegation that there had been a political cover-up.

A recording issued by the Nationalist Party earlier in the week suggested that the acting police commissioner had told Mr Farrugia clearly that Mr Sheehan had fired at Mr Smith.

However, in that conversation, which took place at 9.45pm that night, Mr Zammit told Mr Farrugia that Mr Sheehan fired “warnings shots”.

The board said that Mr Farrugia and the Home Affairs Minister’s communications coordinator Ramona Farrugia were not aware that Mr Smith’s car had been hit.

It was only after they were approached by journalists, who started asking questions in relation to evidence contradicting the statement, that they realised something was wrong. At that point, Mr Farrugia suggested that a correction should be issued.

However, Dr Mallia argued that all the facts should be established first.

On this basis, Mr Farrugia cannot be found guilty ofintervening to cover up Mr Sheehan’s behaviour, the board of inquiry concluded.

Paul Sheehan could not be trusted with firearm

The police need to seriously consider the selection process of security drivers to ensure that they possess the necessary qualities and are properly trained in the rules of engagement when using firearms, the board said.

“This incident probably indicated that PC 533 Paul Sheehan was not a person with sufficient qualities to be trusted with a firearm.”

PC Sheehan used “disproportionate” force and the shots he fired could not be considered warning shots.

A police officer assigned as the security driver of a minister, who has been given the concession of carrying a firearm, ought to use it solely if faced by a situation in which his life or that of somebody else is in danger, the report said.

“Whoever fires a warning shot is bound to point the weapon in the air or in a direction which would never hit the person at the other end.”

It transpired that PC Sheehan fired in the direction of the car in which there was Stephen Smith and two bullet holes were found on the rear mudguard and on the left hand side of the windscreen on the passenger’s side.

“Luckily Mr Smith was not hit, but in the opinion of the board this fact alone could not justify describing this as an incident in which Mr Sheehan fired warning shots.”

Silvio Scerri reticent in disclosing his role

As with the conclusions on his boss, the board of inquiry casts some doubt on Silvio Scerri’s goodwill during the course of the probe even though it absolves him of involvement in the attempted cover up.

In his initial testimony Mr Scerri claimed he had not even seen the statement before it was issued on the night. However, when pressed by the board and confronted with an email in which he actually added the words “in the air” to the press release, Mr Scerri admitted his “input” in the press release, the board says.

The board points out that Mr Scerri was asked for information shortly after the incident by journalists from Times of Malta. He got his information from Mr Zammit and relayed it as it was given to him.

Later, Malta Today published a story on its portal in which it claimed that the car had been hit and Mr Scerri called the newspaper’s managing editor Saviour Balzan to correct this story in line with the version of events he had been given by the Acting Commissioner.

Curiously, Mr Scerri described how he got to know of theincident by claiming that when the Prime Minister’s chief of staff, Keith Schembri, called him to ask about the car involved, GM14, he had to check with a member of staff before he confirmed that the number plates belonged to his minister’s vehicle.

The board concludes that in the absence “of concrete proof” this witness did not contribute to a cover up.

Inspector Gabriel Micallef’s ‘voluntary’ involvement

Inspector Gabriel Micallef was identified by the inquiry board as the person who moved Stephen Smith’s car onto the low-loader at the scene of the crime.

The inquiry said that Mr Micallef was not authorised to move the car with bullet holes in it before the inquiring magistrate had even arrived on the scene.

The board also pointed out that Mr Micallef’s sister was Paul Sheehan’s girlfriend and said this may have been the reason for his voluntary involvement in the case.

Without making direct reference to Mr Micallef, the inquiry board said people close to Mr Sheehan were among the first to arrive on the scene of the crime in the tunnel below the Msida skate park where the car chase ended.

The inquiry said the actions of those close to Mr Sheehan were intended to minimise the gravity of the driver’s actions and make it seem like he fired warning shots rather than aiming directly at the car.

However, the board refrained from commenting further on Mr Micallef’s actions given that he was already subject to a police investigation over suspected tampering with evidence.