Strip-searching of Sliema councillors was ‘abuse of power’

Strip searching a suspect prior to interrogation is equivalent to intimidation and abuse of power, according to criminal lawyers contacted by The Sunday Times, unless police have reasonable suspicion that the person is carrying something illegal.

23 January 2011, 12:00am
by Martina Said

1 min read

Leading lawyers reacted after two Sliema councilors were strip searched before an interrogation at police headquarters.

Lawyer Edward Gatt said it made no sense to strip search somebody called in for questioning on suspected theft or misuse of a council laptop. Gatt is not involved in the case.

“It is pointless for police to justify their acts by saying this is normal procedure to ensure the accused person’s safety. If they do, they are insulting our intelligence. The intention is to intimidate,” he said.

Leading criminal lawyer Giannella Caruana Curran said “a strip search would be an abuse of power, apart from being degrading and inhuman”, and that police have no right to do it unless they have reasonable suspicion the suspect is carrying something illegal beneath his clothes or in his underwear.

Sliema councillors Martin Debono (Labour) and Yves Bobby Cali (Nationalist) were arrested last week on suspicion of making personal use of two laptops bought by the council and which were allegedly returned without the hard drive.

Both later claimed they were searched before police officers while in custody. While Cali said he was allowed to retain his underwear, Debono claimed he was stripped naked.

More from Martina Said

Michael Gauci •

This Nationalist Government have to look into every orifice to find a way out of the mess they have created.

duncan abela •

A strip search is a search involving the removal of more than outer clothing. It is part of a citizen's right in the UK to: (1) Assume that a strip search is not a routine procedure and that there must be a specific necessity for it to take place (2) British courts have recognised that a strip search could be a deeply humiliating and it requires considerable justification. (3) Reasons for a strip search and the results of the search must be recorded on the custody record. When will our authorities wake up especially the Minister for justice to this being another instance where as Maltese citizen we are being shortchanged when it comes to our human rights and civil liberties.

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Wheat else can you expect from a Gonzi regime?

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This police aggro is another sign of the pathetic state the country is in. The party in power has long overstayed its office and is obliged to take recourse in such a desperate attitude towards relations between citizens and the Establishment. It also says much about the inherent incompetence of the Police top brass bar a few like Josie Brincat and a couple others who are known for their efficiency and professionalism. Needless to say the Opposition stands to gain from this state of affairs as far as public opinion is concerned. So it might not be a bad thing that Rizzo & Co continue to muddle through. However, Joe (Datatrack) Mizzi should beware these developments unless he wants to find himself in the sh -- as well. The GonziPN spin machinery is already on him regarding the honorarium issue. Turning on the media like a mad dog will not help him any. Rather he should have a good private talk with his buddy Rizzo and suggest that the latter brings down the aggro. Watching what Il-Grillu is doing would not be amiss. (Someone please translate the above for Mizzi's sake).