An inquiry report has concluded that former Police Commissioner Peter Paul Zammit decided on his own and without explanation to drop police proceedings against a former client of his who caused a ruckus at Zabbar police station.

The report was tabled in Parliament today by Home Affairs Minister Carmelo Abela.

The case happened on June 7, 2013. Josmar Agius, visibly angry, had entered the police station and complained loudly over how his daughter was treated when she called to report a stolen mobile phone.

Mr Agius would not wait behind other people in the police station. He entered an office, banged the mobile phone box on a desk and threatened the policemen with a loud voice that he would report them.

He said he would phone ‘Peter Paul’ and in fact made a phone call in which he was heard complaining to the other person on the line about ‘the people you have here'.

He then requested a complaints form, which had to be produced from elsewhere as none was available in Zabbar police station.

A current incident report was filed shortly after.

On the following day, the then Police Commissioner requested a detailed report of what had happened.

A few days later, Sergeant Mallan, who had been in charge, was asked to call at police headquarters to speak to Inspector Marisa Zammit, in charge of human resources and internal affairs,  At the end of the meeting he was told not to take action against Mr Agius, on instructions by the Police Commissioner.

Later the inspector wrote to the commissioner, saying charges should be issued: ‘we should issue same to wait for outcome from the court.”

The Police Commissioner subsequently wrote in the file: Suspend proceedings.”.

Then Superintendent Vella Gregory wrote: Why should we suspend proceedings when police officers were involved?”

Nothing happened for three months. In November 2013 the Commissioner wrote to ask if the his instructions had been observed. An assistant commissioner wrote back that procedures were suspended.

The Commissioner on December 4, 2013 wrote: "Withdraw charges against Mr Agius.” No reason was given.

The board found that the charges had already been drafted and a summons was also prepared but never issued.

The board reported how Superintendent Bartolo, who was responsible for the district when the incident happened, had contacted the inspector angrily saying he was worried by how matters had evolved.

Former Commissioner Peter Paul Zammit told the board that Mr Agius was a former client of his. He confirmed that Mr Agius had phoned him when the incident took place. He took a personal interest in the case and the day after read the report.

He had told the inspector not to do anything for the time being.

Asked why he had requested proceedings to be suspended and then dropped, he said the charges were not justified.

He said he decided in this manner on the basis of the report. He confirmed no investigation was made and no witnesses were heard.

The Board said it could not understand why the Commissioner ignored all advice – even in writing – including the advice of a superintendent.

There was no explanation or justification for the suspension and eventual withdrawal of the planned charges against Mr Agius. This appeared to be a unilateral decision of Commissioner Zammit, the board concluded.

The board was presided by Judge Franco Depasquale.

The inquiry was called at the request of Nationalist MP Jason Azzopardi.

 

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