Inspector says he was not aware innocent man was jailed over hold-up

The police inspector at the heart of the mistaken arraignment of Daryl Luke Borg over a Birkirkara hold-up has told the court that his duty was to abide by the law and that he had not been aware that an innocent man had been wrongfully arraigned over the hold-up.

Elton Taliana filed for libel against MaltaToday columnist Raphael Vassallo, claiming an article appearing in MaltaToday was defamatory and damaged his reputation.

The article relates to a police investigation in connection with a hold-up at The Convenience Shop in Birkirkara. On 12 August 2012, police inspectors Joseph Mercieca and Carlos Cordina presented a note calling for the withdrawal of charges against Daryl Luke Borg, who on 7 August was charged with the robbery. Pleading innocent, Borg was still held in custody.

Subsequently, two days later Inspector Taliana arraigned Roderick Grech, 22 of Birkirkara, on the same charges. Grech pleaded guilty and was handed one year's jail sentence, suspended for two years and placed under a supervisory order.

Taking the witness stand, Inspector Taliana argued that at no point during his investigation did it result that there was someone innocent in prison over the crime. "I saw the CCTV with officers from the CID and it was very evident that the person was of small stature however the CID had arraigned a tall person."

The inspector said that he had a very high opinion of the inspectors at the CID. "They knew what they were doing and it never crossed my mind that they had arraigned the wrong person. I thought Roderick Grech, who I arraigned, was in fact the accomplice of Darryl Luke Borg."

Taliana reiterated that at no point was he made aware that the wrong person was in prison. "At no point did I make a mistake. It was the newspaper that alleged I made a mistake, which statement was a mistake itself - actually it was an outright lie."

Quoting from the MaltaToday article, the witness held that the statement claiming the wrong man had been arraigned and spent two days behind bars because of the inspector's actions was a lie.

"Roderick Grech admitted with investigators it was he who robbed The Convenience Shop. At 11:30am the suspect signed his admission of guilt and 45 minutes later I brought him to court. My superiors were informed of my action," the inspector said. While the article implied the inspector was duty bound to kick-start proceedings to release Darryl Luke Borg, as he was in possession of information which exonerated Borg, the inspector stated, "my real my duty was to abide by the law and that's what I did."

He said Grech's admission of guilt had no impact on the person wrongfully accused. "Such an admission could only be used in relation to charges against Grech, while Borg could not benefit from it. I was bound by law to keep gather evidence for the investigation and I simply that which was my duty," he said.

Magistrate Francesco Depasquale presided.

Lawyer Joseph Zammit Maempel is appearing for Taliana while Dr Toni Abela is representing MaltaToday columnist Raphael Vassallo.