Court acquits minor arraigned for underage drinking without fair warning

Magistrate Antonio  Micallef Trigona slammed a police witness over his "lack of practical behavior" and for not quoting an act of law completely, when the police arraigned a 17-year-old female from Floriana over possession of alcohol when she was under the age permitted by law.

PC1042 Aaron Camilleri took the witness stand and told the court that during the Isle of MTV concert on June 26, 2012 he had stopped the accused and demanded her particulars as she was walking with a beer bottle in her hand. The police officer, who recognized the accused, held that he only saw the accused once, which was the same time when he took her particulars.

Magistrate Micallef Trigona asked the officer if he was "trained in being practical" and if he was aware that the act of law in question stated that the first time a minor is found in possession of alcohol, the minor should be warned and not arraigned in court.

The magistrate sarcastically continued that he could not understand how out of 40,000 people in attendance, most of whom would have been consuming alcohol whilst walking to and from the concert, the police chose to arraign only particular people.

The court held the minor should have been warned and if seen again then prosecuted. The police officer confirmed that he had only seen the accused once and after he stopped her she had discarded her beer bottle.

Inspector Godwin Scerri, who was prosecuting, told the court that the accused, who turned 17 last January, had indeed been previously stopped whilst consuming alcohol in a public place, however the Magistrate threw out the case as the police had failed to include relapsing in the charge sheet.

The accused was warned about her drinking and acquitted as the charge was not prosecutable.

The Police are expected to appeal the court's decision.