Two young men were cleared of attacking police officers while resisting arrest in the course of a scuffle which broke out one Saturday night in St Julian’s four years ago.

Liam Mallia, 23, and Darren Agius, 26, ended up at the centre of a fight which had broken out in the street outside a Paceville club on August 17, 2013 involving a number of persons, including security officials.

Some four policemen had intervened to break up the fight with one of the officers later claiming to have been shoved and punched by Mr Agius who later had to be restrained through the use of pepper spray.

The other co-accused, Mr Mallia, leaving the club in search of his friends had been grabbed by the hand by a man, later identified as a police officer, and led to a police van parked nearby.

The two young men were eventually arrested and prosecuted for having allegedly attacked two constables, violently resisting arrest, insulting and threatening them, refusing to obey legitimate police orders and breaching the public peace.

Magistrate Francesco Depasquale, assigned the case after the retirement of magistrate Antonio Micallef Trigona, observed that the court was faced with two conflicting versions.

Both co-accused had declared in their police statement, a few hours after the incident, and later when testifying in court, that they did not punch the officers as alleged by the latter.

Rather Mr Mallia claimed that he had been tightly handcuffed and kicked in the stomach inside the police van, while Mr Agius said that he had been kicked in the ribs and sprayed with pepper spray by the officers after bouncers denied him re-entry into the club.

The court observed that the version of the accused was more credible, corroborated by a medical expert who had concluded that their injuries were compatible with resisting arrest or rough handling.

Moreover, a CD containing footage from the scene of the fight had never been analysed since the court expert had not been informed of his brief. This meant that the CD had to be discarded as evidence.

The court declared that the police version would have been more credible if the officers had not used excessive force when intervening in the fight, clearing both accused of all charges in their regard.

Lawyers Franco Debono, Marion Camilleri and Yanika Vidal were counsel to Mr Agius. Lawyer Malcolm Mifsud was counsel to Mr Mallia.

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