Three police officers who were charged with beating a French student in October 2009, but were cleared on a technicality, are still serving in the force.

The Times has been informed that even though an internal investigation led to the police arraigning the three officers, they were not suspended.

The officers were initially charged in October 2009, together with a bouncer, but they were acquitted because the prosecution cited the time of the crime incorrectly on the charge sheet.

Later, the prosecution arraigned the group again, this time dropping the serious assault charge and focusing on holding the Frenchman against his will.

However, the case was thrown out earlier this month because it amounted to double jeopardy.

A person who has already faced criminal proceedings cannot face a fresh case over the same crime.

Police officers Ramon Mifsud Grech, 41, from Birkirkara, Jean Paul Vella, 24, from St Julian’s, and Brian Tonna, 31, from Ħamrun, were therefore free to resume their duties.

The police’s media unit said things would have been done differently had the prosecution’s case been successful.

“In case of a conviction, the judg-ment would be referred to the Public Service Commission in order to award a penalty under legal notice 186/99 as subsequently amended. This could even be that of a dismissal from the public service.”

The officers were initially accused of beating French student Jean-Oliver Mesrine at Escobar in Paceville. They were also charged with holding him against his will and damaging his camera. Mr Mesrine had claimed that he was beaten after he took photos of the three policemen drinking at the bar. He said they damaged his camera.

The release of the three policemen because of the error had caused a public outcry, with Justice Minister Chris Said calling for an investigation and President George Abela saying whoever made the mistake should shoulder responsibility for it.