A 20-year-old law student who claimed he was beaten by two policemen in plain clothes was yesterday acquitted of assaulting public officers but found guilty of slightly injuring them as ordinary citizens.

The court described the incident as a “misunderstanding” and said the accused, Claudio Overend, was unaware the individuals involved in the incident were police officers.

Mr Overend was arraigned after he was arrested in August 2009 over an incident sparked off by a parking dispute. On his arraignment he claimed he had been beaten.

His girlfriend, Serena Smith, had been trying to park her car in Mrabat Street, Sliema when an unmarked car, which later turned out to be driven by PC John Farrugia and Police Inspector Pierre Grech, hooted because there was no space for her to reverse due to traffic. Mr Overend was standing in the parking space at the time. According to his testimony, one of the men got out of the car and asked Ms Smith to drive on.

An independent witness, Tolga Temuge, said there was a brief exchange of words between Mr Overend and the man, who then approached Mr Overend and pushed him to the ground. This man then signalled to the other and the two started beating the man on the ground.

Mr Temuge testified that one of the two men was holding the young man’s head down as the other punched him. “They then pushed him up onto a wall, as if they were going to arrest him, which I thought was a bit unusual in a fight.” (He still did not yet know they were policemen). Eventually, he heard one of them say “pulizija” (police) and the fight stopped.

During the proceedings, an internal investigation was started into the two officers’ behaviour.

Magistrate Edwina Grima said yesterday it emerged Mr Overend had not known the two were policemen and so he could not be found guilty of assaulting public officers.

She said the incident arose after Ms Smith insisted on parking in the vacant space, which then became impossible, and the two officers only tried to restrain Mr Overend when he became a “little” aggressive.

The magistrate said Mr Overend touched the officer on the shoulder and felt he could confront the man, not yet knowing he was a police officer. At this point, the officer told him not to touch him and expected the legitimate order for Ms Smith to move the car would be obeyed while Mr Overend felt he had to retaliate against their show of force, which he did not know was legitimate.

Once the incident was over, the couple were taken to the St Julians police station where Ms Smith claimed she was held up against a wall by PC Farrugia. Her version was corroborated by WPS Maria Scicluna who was in the station at the time.

Magistrate Grima said on one side there was an exemplary police inspector and on the other a law student who was trying his best to make a future for himself. This was a case of a misunderstanding that had started over a parking dispute. She conditionally discharged Mr Overend for a year.

In an unusual move, the magistrate ordered the judgment should not be posted on the Justice Ministry website.

Police Inspector Anna Maria Micallef prosecuted.

Lawyers Josè Herrera and Veronique Dalli appeared for Mr Overend.

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