Former police commissioner Peter Paul Zammit has joined the defence team in a criminal case involving a man against whom he had ordered charges to be dropped.

Mr Zammit had made a request in court to be allowed to represent himself in the case against Josmar Agius, 44, who is charged with threatening police officers and preventing them from carrying out their duties. Magistrate Saviour Demicoli, however, yesterday turned down Mr Zammit’s request and, after the decree was read out in court, Mr Zammit, who is a legal procurator, informed the court he would be joining the man’s defence team.

Peter Paul Zammit

The developments took place as the case against Mr Agius, from Marsaxlokk, continued yesterday over an incident at the Żabbar police station in 2013. It is being alleged that Mr Agius threatened the police and hindered them from carrying out their duties. It was revealed in Parliament that, when serving as police commissioner, Mr Zammit ordered that no charges should be issued against Mr Agius.

The criminal case began last May when Mr Zammit made a surprise appearance in court and asked the court to allow him to represent himself, as parte civile, insisting that he was an interested party. Magistrate Demicoli upheld the request but Police Commissioner Michael Cassar filed an application requesting its revocation.

Inspector Robert Said Sarreo told the court that Mr Zammit should not be allowed to be admitted as parte civile lawyer as parties in criminal cases were only the police and injured parties. The inspector added that the former police commissioner was not present during the incident at the police station so could not even be produced as a witness.

“The court is not there to examine the decision taken by Mr Zammit [not to charge Mr Agius] and declare whether it was a good or bad decision but to decide on the accusations brought against Mr Agius,” he said.

Mr Zammit rebutted that he was an interested party in the case and the entire case revolved around an administrative decision he had taken not to charge Mr Agius. He said that when he had originally made the request in May, the prosecution had not objected and Magistrate Demicoli had upheld the request. Mr Zammit said an administrative decision could not be changed unless there was a good legal reason.

If anyone wanted to challenge an administrative decision taken by the Police Commissioner, they could file challenge proceedings in court. He was seeking to be present, he said, because he wanted the truth to emerge.

“It is clear that the police commissioner does not want me to be here to defend my decision because court action was taken without any further police investigations,” he said, alleging it was only after pressure mounted by the media that the criminal case was initiated.

He added that the incident in question at the Żabbar police station “was blown out of proportion”.

Lawyer Joe Sammut, a Labour MP who is appearing for Mr Agius, insisted Mr Zammit was an interested party in the proceedings. “This seems to be a legal battle between the Police Commissioner and his predecessor,” he said.

Magistrate Demicoli ruled that Mr Zammit was not an injured party or a victim of the crime that Mr Agius had allegedly committed. “If legal procurator Zammit is objecting to any decision taken by the Police Commissioner, the court is not the right forum to contest this.

This case is not about the decision taken by Mr Zammit when he was police commissioner,” Magistrate Demicoli said as he revoked his decision and refused Mr Zammit's request to be admitted as parte civile in the case.

After the magistrate read out his decision, Mr Zammit stood up and informed the court that he was joining Dr Sammut as part of Mr Agius’s defence team. The case was put off until October.