Home Affairs Minister Manuel Mallia yesterday ordered an internal inquiry after a magistrate suggested action to be taken against two police officers for manhandling a pair of Swedish tourists.
“These officers should not be allowed to wear the uniform”, Magistrate Antonio Micallef Trigona said after acquitting the women of causing bodily harm to the policemen, violently resisting orders, disturbing the peace and being drunk in public.
Mina Tehrani, 31, and Andea Maturana, 29, were walking through central Paceville, celebrating the Chilean team’s World Cup victory over Spain on June 18 at about 11pm, the court heard. One of them has Chilean ancestors.
They were holding the national flag of Chile, one on each side, dancing and making merry as they approached Police Sergeant Major Mario Rotin and Woman Police Sergeant Chantelle Costa.
The two women gave a ‘grim’ account of how they were treated by the arresting officers
Mr Rotin testified that the flag brushed against his face and he had to move his head back before he pulled it away from the two girls and handed it over to his colleague. The women wanted the flag back and, tapping his cap, Ms Tehrani asked him: “why do you act so stupid a******”, the officer said, adding that his cap fell on the ground.
Another police constable intervened and forced Ms Tehrani to the ground, handcuffing her. The magistrate noted in his judgment that the officer first said that when he stood up he was hit in the face by Ms Maturana but then changed his version and said she had hit his cap, which caused him to fall on the ground. Sgt Costa then arrested her.
The women were first taken to St Julian’s police station and then to the police headquarters in Floriana where, sources close to the case said, they were asked to strip naked and searched. They were even asked to bend over to allow a closer examination, the sources added.
Swedish women were asked to strip naked and searched
They were arraigned the following day and pleaded not guilty.
Dr Micallef Trigona noted material inconsistencies in the evidence of the police officers. He described investigating officer Trevor Micallef as having acted in an exemplary manner and referred to the statement the two women gave to the police in which they gave a “grim” account of how they were treated by the arresting officers.
The magistrate ordered that his judgment together with the evidence of the accused and of the officers be sent to the Home Affairs Minister and to the Police Commissioner “for whatever disciplinary action against the police officers involved they deem proper”.
The court remarked that Ms Tehrani was not justified in using the language with regard to the sergeant major. Nor was she correct in touching his cap, for whatever reason, and the same applied to her friend.
The magistrate ruled the prosecution failed to prove the charges brought against the two women.
Lawyers Giannella de Marco and Gianluca Caruana Curran were defence counsel.
Strip searches
Thoroughness and extent of a search must depend on the nature of the object suspected of being carried and the character of the person concerned.
The strip search has to be carried out in a place that is “private and clean”, which is not accessible to the public and cannot be seen by anyone else besides the officers involved.
Crucially, the detainee shall not be required to have all his clothes removed at the same time. At no stage should the detainee stand stark naked during the search. In a two-step approach, the detainee will first remove the clothing on the upper part of his body and each garment will be checked separately. The detainee will then put on the clothes and restart the process for the clothing on the bottom part of the body.
The police conducting the search may ask the detainee to hold his arms in the air, spread his legs or bend forward so that “a visual examination” of the genital and anal area can be held.
No physical contact or penetration whatsoever is to be carried out on any part of the body orifices except for the mouth.
Source: official police guidelines