The Magistrates' Court this morning rejected claims that an escaped prisoner had violently resisted correctional officers who re-arrested him, noting that according to the findings of a court-appointed doctor, the injuries suffered by the defendant were not compatible with a resisted arrest and he did not offer resistance.

The inmate, Dutchman Perry Ingormar Toornstra, escaped from custody on August 9, 2008 as he was being taken back to the prisons after prison leave. Correctional officers gave chase and caught him in a side street in Paola near HSBC bank.

The officers had claimed that he violently resisted them before he was pushed into a car and even when he was back in prison.

The court noted that according to Dr Mario Scerri, one of the prison wardens suffered a contusion of a small toe while another suffered a contusion on the palm of one of his hands and on his back.

The prisoner had injuries on his forehead, both sides of his face, neck, chest, shoulders, back and arm pit and both knees. The injuries were mainly bruises, abrasions and two boot marks. He also suffered a fractured rib.

"The court will not somment at length on the injuries suffered by defendant since these are subject matter of a law suit pending against the correctional officers," the court said.

It noted, however, that Dr Scerri had concluded that the injuries suffered by defendant were not compatible with resisted arrest and he did not offer resistence when he was handcuffed.

"The court cannot give credibiity to the versions given by the correctional officers in their testimony."

The court found Mr Toornstra guilty of having escaped custody but not guilty of resisting arrest. He was therefore jailed for nine months.

Mr Toornstra was jailed for 15 years in 2000 for importing ecstasy.

See also

http://www.timesofmalta.com/articles/view/20080826/local/dutch-inmate-claims-assault-by-six-warders