Bodycam footage of Ħamrun assault on police officers played in court

Five individuals, including two restaurant owners, returned to court on Monday, as their compilation of evidence over an assault on police officers during a brawl in Ħamrun continued before Magistrate Monica Vella.

The accused, four men and one woman, all Maltese nationals, are all pleading not guilty to charges, which included assaulting the officers and causing bodily harm. They had been denied bail upon arraignment after concerns about evidence tampering were raised.

The defendants accused were identified as 46-year-old restaurant owner Elton Anthony Borg, 44-year-old Kurt Borg, also a restaurant owner, both from Ħamrun; 42-year-old Erica Borg, a housewife from Msida; 23-year-old Redeimen Aquilina from Ħamrun; and 33-year-old Christian Mansueto from Siġġiewi. During their arraignment two weeks ago before Magistrate Joseph Gatt, all five defendants pleaded not guilty and requested bail, which was refused at that stagecontested by the prosecution.

Inspector Elisia Scicluna testified during Monday’s hearing and recalled the entire ordeal as it unfolded. The defence lawyers kept challenging her, resulting in her testimony lasting more than three hours.

The altercation began when two officers approached a group that included the accused while issuing parking fines on Triq il-Kbira, San Ġużepp, in Ħamrun. According to Inspector Scicluna, the defendants were "agitated and arrogant" when confronted by the police. 

She testified that Elton Borg grabbed one of the officers by the hand, and when ordered to stop, he stepped on the officer’s foot. When police attempted to separate the individuals, both Kurt and Elton Borg resisted violently, prompting the officers to try to arrest them to control the situation.

The situation escalated quickly as more individuals arrived at the scene, with the crowd becoming increasingly hostile towards the officers. Police used a taser and pepper spray to regain control while ordering the crowd to disperse.

Defence lawyer Franco Debono questioned the validity of the arrest and the way the defendants were treated by the police. He argued that the accused had not been properly informed of their rights at the time of their arrest, suggesting a potential procedural irregularity. The defence also requested that the court declare the arrest illegal due to this alleged failure to respect the defendants' rights.

Footage from a police bodycam was played presented in court, showing the initial altercation and the events that followed. During the cross-examination, Debono questioned the timing of the activation of the police bodycam and the language used by officers during the confrontation. At one point, the footage captured a police officer making a derogatory comment (“Kemm int avukat tajjeb ostja”) towards Elton Borg, with Debono arguing that such language could have escalated tensions unnecessarily.

Despite defence objections, the court proceeded with the case, noting that evidence had been presented in accordance with legal procedures. The defence requested the court to investigate the officers' conduct further, especially regarding whether appropriate arrest procedures and behaviour standards were maintained.

The prosecution stood by the validity of the arrests, arguing that, quoting Blackstone, all appropriate procedures had been followed. They stated that while the behaviour of certain individuals involved in law enforcement could be scrutinised, this did not justify the defendants’ violent response against the officers, as they stated that words or phrases can never justify violence as a response.

The case is ongoing.

Elton and Kurt Borg were assisted by lawyers Matthew Xuereb and Alex Scerri Herrera; Erica Borg, 42, was assisted by Arthur Azzopardi and Jacob Magri; Redeimen Aquilina was assisted by lawyer Mario Mifsud and Nicholas Mifsud; Christian Mansueto was assisted by lawyers Franco Debono and Charles Mercieca.