Two police officers have been declared not guilty of having injured a motorist in a violent tussle which erupted when the motorist was stopped in the Mgarr Bypass in May 2015.

Police Constables David Camilleri, 24, from Zebbug and Mark Tonna, 31, from Mosta had been accused of having slightly injured Jean Paul Aquilina during the incident which was allegedly sparked off by the motorist's dangerous driving. The two officers had also been accused of having committed an offence which they were in duty bound to prevent.

Magistrate Donatella Frendo Dimech, heard how on May 3, 2015 at around 1.15am, Mr Aquilina was accompanying his girlfriend back home after a BBQ when he was stopped by the police who allegedly noticed his Citroen zigzagging along Sir Temi Zammit Rd., Mgarr.

Upon being approached by the two officers, the driver, who reportedly had not been wearing his seatbelt and was using his mobile while driving, refused to cooperate and allegedly supplied false details of his identity card.

A violent argument broke out between the officers and the motorist which necessitated a call for police assistance and which finally ended up with all three men suffering varying degrees of injuries.

After hearing the testimony of all the parties involved, the court observed that there were various inconsistencies between the version supplied by the victim and his girlfriend and that given not only by the accused themselves but also by the eyewitness who had arrived at the scene.

Moreover, the court noted that the testimony of Mr Aquilina and his girlfriend Jasione Vassallo raised certain doubts and left several questions unanswered.

Why did the motorist approach the police car after being stopped by the police officers and requested to supply his personal details? How were the dents in the side of the police vehicle to be explained?

Mr Aquilina had alleged that Mr Camilleri had grabbed him by the neck, threw him to the ground and began to kick him. However, the court remarked that if this were so, why had the other officer sensed the need to call for assistance?

Members of the Rapid Intervention Unit and officers from the Mosta Police Station who converged on the site of the incident, shed a different light upon the story when later testifying in court. One of the RIU officers had recalled having found Mr Aquilina locked in a violent struggle with Mr Camilleri, while Mr Tonna was trying to pull them apart.

Medical evidence also proved that Mr Aquilina had suffered superficial injuries which did not require sutures. The bruises on his nose and under his eyes were not compatible to the punching and kicking allegedly inflicted upon him, as certified by medical experts.

On the other hand, the abrasions and scratches on Mr Camilleri's elbows, as well as those on his forehead and back of his neck, as medically certified, were likely to have been suffered when he was flung aside by Mr Aquilina, ending up pinned down on the ground by the latter.

Witnesses had also testified that Mr Aquilina was red-faced, with blood shot eyes and in an agitated state, shouting and swearing, whilst threatening "I'll find you even though you are police officers."

Although none of the evidence hinted that Mr Aquilina had been under the influence of alcohol, it emerged from the evidence that he did not seem to be in his right senses at the time of the incident.

The court acquitted the accused and remarked that they were carrying out their lawful duty when they applied "moderate and proportionate force" to ensure the observance of the law.

Whilst commending the prosecution for the proper exercise of its duties, the court stressed the truth behind the maxim that 'the prosecution is the accused's best friend' since in this case the accused were exonerated primarily on the strength of the evidence forwarded by the prosecution.

Supt. Ramon Mercieca and Ins.Jesmond Micallef prosecuted.

Lawyer Tonio Azzopardi was counsel to Mr Camilleri.

Lawyer Kathleen Grima was counsel to Mr Tonna.