Court declares arrest of teen at drug rehab center illegal due to inaccurate information

A court has ruled that the arrest of a 15-year-old at a drug rehabilitation center, based on inaccurate information provided to the police, was illegal.

The judgment was delivered by Magistrate Marse-Ann Farrugia on Wednesday evening, ordering the minor to return to the center.

The incident occurred following a hearing where the minor was charged with violating bail conditions set by the Juvenile Court.

On June 5, the teen was granted bail with the condition of completing a residential program to address his drug dependency.

Initially showing progress, the minor expressed his difficulty with the program on June 22.

Despite efforts from care professionals to persuade him to continue, he conveyed his intention to quit.

The officials at the center, sensing his indecision, discussed alternative placement with social services.

However, on Wednesday morning, the center contacted the police, claiming that the minor had attempted to escape.

Acting upon this information, the police arrested and charged the minor, seeking forfeiture of a €2,000 personal guarantee. The minor's lawyers contested the validity of the arrest.

During the arraignment, evidence revealed that although the minor wished to leave the rehab, he had not attempted to escape. The court noted that the minor had not signed any documents confirming his departure, nor had he exhibited any intent to escape.

The officials at the center had engaged in dialogue rather than physically restraining him.

The court deemed the arrest illegal and the charge unsubstantiated due to the "factually incorrect" information provided to the prosecutors.

The court emphasized that the rehab officials should have informed the social services authorities, who have custody of the minor, about the termination of the program, and they, in turn, could have notified the police.

The magistrate highlighted the accused's age, emphasising the need for sensitivity and sensibility in dealing with a minor.

Consequently, the court ordered the immediate return of the minor to the center and declared the arrest illegal, resulting in the minor's acquittal.

Lawyers Mario Mifsud and Nicholas Mifsud served as defense counsel in the case.