Updated 6 p.m.

A court this afternoon ordered the release of a suspect from police custody after finding that the necessary requisites for an arrest were not observed by the police.

The case involved Abderrahin Kharbouch, 37, a Morrocan resident of Hamrun, who had earlier pleaded not guilty to seriously injuring Bader Hassan Asayid, damaging a shop window and threatening Mr Asayid.

Mr Kharbouch explained that he is a hairdresser and owns a salon in Gzira. Mr Asayid worked with him.

Mr Kharbouch said he recently went abroad, and when he returned he found that Mr Asayid had closed his shop and started working with another hairdresser.

He had confronted Asayid about tools and money he alleged stole from him.

Mr Kharbouch said he was arrested by Police Constable Raymond Caruana, who is the father of Mr Asayid's girlfriend.

The witness said he was beaten by the constable.  PC Caruana hit him on the head with a baton, grabbed him by the throat, threw him onto the floor and threatened to break his limbs and kill him.

Police Inspector Saviour Baldacchino said Mr Kharbouch had made a number of allegations which turned out to be false. He said Mr Kharbouch had also claimed that the police were plotting to get him out of the country. Eyewitnesses had denied that the constable had assaulted Mr Kharbouch.

Inspector Bladacchino said Mr Kharbouch had punched Mr Asayid in the face and then he threw a rock through the shop window.

Defence lawyer Franco Debono argued that the arrest by PC Raymond Caruana of Mr Kharbouch was illegal since the police had used excessive force.

Inspector Baldacchino replied that force had to be used because Mr Kharbouch was being very violent.

Dr Debono further argued that the arrest was not valid according to law since no one informed the suspect that he was under arrest even though the arrest could be evident.  It was mandatory that the suspect should be given a reason for his arrest, Dr Debono said. 

The court ordered the released of the accused, saying that the necessary requisites of the law were not adhered to by the officer making the arrest.

Drs Marion and Adrian Camilleri, together with Dr Debono, assisted the accused.