Police Commissioner silent on disciplinary action after latest charge sheet blunder

Police Commissioner Angelo Gafa’ is refusing to state whether he has initiated disciplinary procedures against senior police officers involved in the latest charge sheet blunder, which led to the acquittal of a lawyer facing criminal charges.

Magistrate Monica Vella acquitted a 42-year-old lawyer from Mosta, William Cuschieri, of criminal charges, including the misuse of electronic equipment to commit a crime.

The Court stated that it had no alternative but to dismiss the case due to discrepancies in the charge sheet presented by the police, who also formed part of the prosecution.

Cuschieri, who gained popularity when he represented the Degiorgio brothers during a trial which found them guilty of assassinating journalist Daphne Caruana Galizia, was charged following claims that he threatened to kill his then-partner and her lawyer last year.

A few days ago, Cuschieri was let off scot-free when it was discovered that the charge sheet presented by the police had the wrong name and locality of the alleged crime.

Speaking to The Shift, lawyers said these police blunders were becoming a common occurrence, particularly when some ‘big heads with connections’ were arraigned in Court. They insisted that the Police Commissioner should take disciplinary measures against those who made such ‘mistakes’, either out of carelessness or for other motives.

The police commissioner did not answer questions about the number of times such blunders have been punished through disciplinary procedures.

Cuschieri has already been in hot water over similar accusations a few years ago.

In 2020, Justice Anna Felice had turned down a request by Cuschieri to impose a travel ban on his partner, who was 15 weeks pregnant, after he claimed that she wanted to travel abroad to have an abortion.

In its decree, the Court had underlined that abortion was illegal in Malta. Still, it ruled that it could not uphold the request to restrict the freedom of movement of the lawyer’s former partner, as Cuscheri did not prove his claims.

At the same time,  the Court decreed that in the context of a series of domestic violence claims made by the former lawyer’s partner, there should be an investigation by the authorities.

Several other errors by the prosecution were noted in Court this year.

In January, Alvin Privitera was acquitted of drug trafficking after the Court ruled that his statement to police—taken without legal counsel—could not be used as evidence.

In June, Jason Caruana had a 12-month jail sentence for breaching bail conditions overturned. The prosecution filed the incorrect bail decree and submitted it after closing their case, rendering it inadmissible, so the conviction and bond forfeiture were quashed.

During the same month, in Gozo, two linked cases collapsed when the prosecution failed to call the main witness—the alleged victim in an attempted burglary—leading to full acquittals in both trials.