Three policemen and a bouncer who last April were cleared, due to a prosecution error, of illegally holding a French student against his will, were today cleared of the charges once more after the court upheld a double jeopardy claim by the defence.   

Police officers Ramon Mifsud Grech, 41, from Birkirkara, Jean Paul Vella, 24, from St Julians and Brian Tonna, 31, from Ħamrun, and bouncer Jonathan Micallef, 29, from Birkirkara, were accused of holding French student Jean-Oliver Mesrine against his will on October 25, 2009 in a Paceville bar.

But they were cleared in April because the charge sheet alleged that the incident took place at 11 p.m., whereas it actually took place at 3 a.m.

The four were subsequently re-arraigned after the charge sheet was corrected.

The defence lawyers immediately claimed the prosecution had blatantly disregarded their clients' fundamental right not to be tried twice for the same crime and called on the court to throw out the case.

The prosecution, led by Superintendent Dominic Micallef, argued that the change of time meant this was a different case altogether. Legally, he said, it was a different incident because it took place at a different time.

But the defence argument was upheld by the Magistrates' Court this morning, finding that this is a case of double jeopardy.