A magistrate yesterday criticised police for provoking a fight when they arrested people for no reason at the feast of St Cajeitan in Ħamrun four years ago.
The situation became so “uncivilised” that at one point a mother was dragged from her pushchair and arrested while her baby was left alone in the middle of the street, Magistrate Audrey Demicoli said.
The 15 people involved were charged with “conspiring to resist arrest. Some of them were also accused of attacking, threatening and injuring police officers.
However, they were all acquitted yesterday. Instead, Magistrate Demicoli berated the police officers who arrested them.
When police officers arrived at the scene, there was calm, the magistrate said. But by the manner of their intervention, the “over-zealousness” of Major Anthony Lia and mismanagement by other officers, the situation degenerated.
The incident could have been avoided, the magistrate noted, If the police had kept the situation calm and not given orders for people to move away.
The only person who could be found guilty of a crime was 29-year-old Maroushka Attard, who while at the Ħamrun police station managed to run away, the magistrate said.
Police officers who testified in the case gave conflicting versions of why they had descended on the scene.
Superintendent Carmelo Bartolo and Inspectors Ramon Mercieca and Mario Tonna said they had gone to the feast after hearing that trouble was brewing between two families taking part.
But other officers testified that they were dealing with a report about the music being too loud.
In any case, the magistrate pointed out, Superintendent Bartolo had testified that the situation was calm when he got there. At one point, however, the police ordered people to clear the area and arrested anyone who resisted, creating panic that degenerated into a fight.
On reviewing how things developed, the magistrate said, it was clear there was a “chain reaction” sparked off by the arrests and the subsequent protests of the relatives, who were also taken into custody because of their complaints.
“It seems to the court that the police were not justified in ordering the arrest of the whole of the Abela family (only one man from the other family was arrested) for no reason at all,” Magistrate Demicoli said.
She acquitted all of the accused.
The other accused were Jason James Agius, 38, Carmel Abela, 53, Angelino Abela, 48, Anthony Abela, 52, Jonathan Abela, 27, Dylon Vella, 26, and Johann Abela, 25, of Żejtun, Heathcliff Schembri, 26, of Sta Venera, James Vella Bray 55, of Pietà, John Mamo, 28, of Mosta, Nazzareno Gatt 38, of Żejtun, Kelsey Vella, 24, of Pietà, Carmela Mintoff, 55, of Birkirkara and Alicia Mintoff, 31, of Birkirkara.