Magistrate orders Police Commissioner to explain ‘blatant violation of court order’

A magistrate was left astounded after finding out that two people whose arrest was requested under court order had instead been called up at home and told to appear in court.

Magistrate Donatella Frendo Dimech, presiding over the case, ordered the Police Commissioner to explain why proper procedure had not been followed when the arrest was ordered.

The accused, Antonella Vella and Stephen Borg, made their own arrangements to get to court and explained to the Magistrate that on Monday they received a phone call informing them to appear in court the following morning.

Vella and Borg’s arrest was ordered after they missed a previous hearing. Rather than locating the accused, they were instead called at their respective homes to inform them of the court hearing.

Magistrate Frendo Dimech decried the move, calling it a “blatant violation of a court order”. She added that when a person is arrested under court order, they are to be escorted to court under arrest and a request for bail must be made.

She called for the end of this practice where police choose to phone people rather than track them down.

The court issued a decree soliciting the Police Commissioner to issue an internal statement by the end of the week, where the measures required to tackle this issue and the correct procedure must be clearly outlined. Magistrate Frendo Dimech also ordered that a copy of this statement be served to the Justice Minister and the Home Affairs Minister.

Calling the move a “disregard for the law” she stressed that law enforcement officers should have gone to their place of residence and formally place them under arrest.

In his defence, a police officer described how he had gone to the home of Stephen Borg in order to arrest him, only to find his mother. The mother then called the accused and informed him of the court hearing this morning. This was not accepted by the court, where it was stressed that officers had a full 48 hours to locate and detain suspects.

Lawyer Noel Cutajar appeared for Vella, where the former informed the court that his part of evidence submissions was closed. The case continues in October for Stephen Borg’s evidence.