Update 2 | Man wrongfully prosecuted on hold-up files for compensation

Additional reporting by Chris Mangion

A man who was wrongly accused of committing a store hold-up has filed a constitutional application for compensation, claiming breach of human rights.

A magistrate had ordered that Darryl Luke Borg, 27, who was accused of carrying out a hold-up on a Birkirkara store, be kept under arrest at the Mount Carmel forensic unit where he was undergoing a treatment order.

Two days later his lawyers were informed on 9 August that another man, Roderick Grech, had admitted to the hold-up. Borg was freed that same day, but his lawyers also realised that their client had not been detained at Mount Carmel but at the Corradino Correctional Facility.

In their constitutional application, lawyers David Camilleri and Joseph Gatt complain that Borg should not have been arraigned in court in the first place, or denied bail, and that the police should have freed him a day earlier on 8 August when police learned that Grech had admitted to committing the hold-up.

This morning, Borg gave his testimony to the Police Board at the home affairs ministry, where an inquiry into his wrongful arrest is being carried out.

A government source said that it was the ministry's chief of staff, Silvio Scerri, who contacted Borg, asking that he has his say before the board.

Borg was accompanied by his mother to the police board inquiry, which is being led by emeritus judge Franco Depasquale.

Police Inspectors Joseph Mercieca and Carlos Cordina were also asked to appear before the board today. Merceica and Cordina had led the prosecution when Borg was arraigned.