A former police constable was recently awarded €20,000 in moral damages and €48,000 compensation over false sexual abuse claims following a seven-year legal battle to clear his name. Keith Micallef spoke to 59-year-old Patrick Falzon about the traumatic experience that has left a terrible impact on his life: insecurity, low self-esteem and inability to hold down a job.
In 2008, just two months before he completed 25 years of service in the police force, Patrick Falzon found himself being escorted into the law courts, facing charges of defiling his partner’s 13-year-old daughter.
“I can vividly remember former colleagues looking away from me, as if I had suddenly become a villain,” he says.
Barely a few days after filing the criminal complaint, his estranged partner informed the court that she was withdrawing the case, with the alleged victim admitting she had filed a false report.
Yet, proceedings dragged on for years amid countless deferments, as the police insisted on forging ahead with the case.
“During these years, I felt I was being treated by the courts as having been found guilty as charged,” recounts Mr Falzon, who preferred not to have his photo taken.
He spent six years and eight months on half pay, during which time he was suspended from the force, which meant that he struggled to make ends meet.
He recalls that prior to the case he had his own apartment and was conducting a normal life. Suddenly he ended up homeless, as the court ordered that he should break all contact with his estranged partner who was a key witness. Furthermore, he remained under house arrest for four years and two months.
“I ended up living in a substandard two-room dwelling in Mdina which lacked basic amenities and had no ventilation,” he said.
“I could not even stand upright in the makeshift shower which I made myself,” he added.
Meanwhile, regular spot checks were being carried out by the police to verify he was abiding by the house arrest order.
“This irked me in the sense that I felt I was being treated as a notorious criminal.”
Under these conditions he could only leave ‘home’ to attend court sittings, meet his lawyer or on health grounds. Nonetheless, each time he had to inform the police about his exact whereabouts.
Following several applications, the court finally granted him bail but he could not afford to pay the €7,000 deposit, which was later reduced to €4,000.
“Being on half wage and having a €350 monthly mortgage payment I could not afford that sum. Eventually I got bail when in 2012, the house arrest was replaced by a €20,000 personal guarantee.”
The case finally closed in 2015, when the court of appeal confirmed his acquittal. Subsequently, he opened proceedings before the Constitutional Court for moral damages and compensation for the six-year period in which he was suspended from work on half pay. Proceedings came to an end a few weeks ago when the court upheld his request.
If someone stares at me I wonder whether they have an ulterior motive...I trust absolutely nobody these days except my lawyer
“Despite having been acquitted, the lengthy proceedings and the prolonged period of my house arrest meant that it felt like I was found guilty and handed a six-year prison term. This is classic example of justice delayed, justice denied,” he says.
Mr Falzon claims that apart from the financial aspect, the trauma also took a toll on his health.
“The only food I could afford was bread with either some butter or tomato paste. Coupled with the fact that I was under huge stress, I subsequently started suffering from high blood pressure and cholesterol.”
Arguably the most lasting effect which this trauma had on him was his social life.
“From a very extrovert person who was always cracking jokes, I have become very insecure, shy and with low self-esteem.
“At times even if somebody stares at me for a couple of seconds, I start wondering whether they have some ulterior motive. I trust absolutely nobody these days except my lawyer Arthur Azzopardi to whom I will be eternally grateful.
“Although I try to go out from time to time, more often than not I don’t enjoy it.”
For years, Mr Falzon has been tormented day and night by the same thought.
“Why did I have to end up in such a sorry state?” I continually ask myself.
“From inside I feel I have been stripped of my dignity, and despite my attempts to start a new life, I always end up running away from people due to my sense of insecurity”.
He has been under the supervision of a psychiatrist from the time he was charged, 10 years ago. Meanwhile, he has moved back to his own apartment, but this is the only sense of normality so far. “I am no longer in a position to work after having been certified as suffering from post-traumatic stress disorder. This means I am not able to focus on a task.”
Mr Falzon also expresses his deep sorrow that he has only seen his 11-year-old son once. When the case broke, his son was one-year, 10 months old, but he only saw him again in 2015.
Fortunately, the thought of taking his own life never crossed his mind despite ending up completely isolated from the outside world with nobody to confide in.
“I always wanted to keep fighting for truth to prevail even when I was at my lowest ebb. Apart from this, suicide would only have caused more distress for my children.”
Summing up his thoughts on his traumatic experience, Mr Falzon says his case should have never taken so long.
“Proceedings should have not taken more than two years given that the criminal complaint was withdrawn. Yet it took seven years for the case to be over, and another three years for me to win compensation from the Constitutional Court.”
Looking ahead, he says the last thing on his mind is to start a new relationship. “God forbid if that had to happen,” he says.
“After all I have been through I trust nobody. Even the presence of a minor next to me at times makes me tense, as I have the lingering fear that something bad will happen and I would have to go through the same trauma all over again.”