Bogdanovic acquitted over police shortcomings, magistrate berates media over arrest report

Magistrate acquits Bogdanovich of harassing and insulting wife after police fail to present copy of threatening SMS, berates media for reporting dubious release on police bail

Daniel Bogdanovic in the Xewkija line-up against Kercem the day of his release from police bail, when he was supposed to be arraigned under arrest the next day, well within the 48-hour arrest period
Daniel Bogdanovic in the Xewkija line-up against Kercem the day of his release from police bail, when he was supposed to be arraigned under arrest the next day, well within the 48-hour arrest period

A magistrate has rebuked newspapers for what he called the “irresponsible reporting” of a domestic violence case that involved former Malta international footballer Daniel Bogdanovic, who was reportedly released from arrest to be allowed to play a football match despite having been scheduled to appear in court under arrest the following day.

In a judgment handed down this morning, Magistrate Joe Mifsud handed Xewkija Tigers midfielder Daniel Bogdanovic a fine of €1,000 and suspended his firearms licence for a year, for misuse of telecommunications equipment and for failing to properly store a handgun and a rifle in the manner required by law.

The 36-year-old footballer was arrested on Saturday, 29 October over threatening SMSes he sent to his wife. The wife had just learned that her husband was being unfaithful, the court noted, and had been sending him messages about this issue. She told police that she received a threatening message from her husband just after noon that day, and that he kept weapons at home.

READ MORE | Matthew Vella • Reporting Bogdanovich’s police bail release was not irresponsible

Police had arrested Bogdanovic and recovered the two firearms which were all registered with the police. A third rifle was being stored at a gun shop.

Bogdanovic was interrogated that evening after refusing to consult with a lawyer. Police inspector Edel Mary Camilleri felt he was still very angry at his wife and had told him that he would have to spend the night in custody until he calmed down.

The next day he had released a statement to police confirming that he had been very agitated, having messaged his wife to tell her that he would “bury her” (li se jixhetha taht l-art).

He stressed that he had no intention of actually doing so. The police inspector had released him on police bail to be able to arraign him the following Monday.

It was only on Monday at 1:30pm, that the police force issued a statement stating that the man – name not published – had been arraigned before Magistrate Joanne Vella Cuschieri, and released from his arrest under certain conditions.

MaltaToday reported that he was released on Sunday after a call from a government ministry official, requesting Gozo police to allow Bogdanovic to play an important match.

The court lambasted the media's coverage of the case, saying similar charges were far from rare. Bogdanovic had complained about this and the court, after scrutinizing the reports, said it “could not but remark about the lack of sensitivity that was shown to the accused’s relatives.”

“The court reminds journalists that besides rights, they also have duties. Our country doesn’t have People’s Courts that decide cases in St. Francis’ Square or the Tokk or a church parvis, or a shop, on Facebook, or on some portal or blog.”

“This case ended up as a partisan political football and may of the reports were built on fantasy and not the evidence brought before the court. Whilst these speculative reports were published, it is shocking that no journalists attended the sittings to be aware of what was going on.”

Magistrate Mifsud made no reference to the Carmel Vassallo inquiry that was carried out on the newspaper reports, which confirmed all the details reported in MaltaToday: that Bogdanovich had been released from arrest earlier than when it was scheduled to happen as agreed with Magistrate Joanne Vella Cuschieri; that Assistant Commissioner Carmelo Magri had inquired about the arrest with arresting officer Edel Mary Camilleri; he had himself been previously contacted by the Xewkija Tigers coach Jesmond Zammit (who is an aide to parliamentary secretary Ian Borg); and that Camilleri consented to the release after her own superior, Superintendent Antonello Grech.

Magistrate Mifsud noted that a clinical psychologist, Fr Joseph Farrugia, had reported to the court that the media coverage of the story had left a negative effect on the wife and children of the accused, particularly the children. Mrs Bogdanovic had chosen not to testify in this case “in the interests of her young children” and had declared that the couple would be separating by mutual agreement.

The court did not reserve its criticism solely for the media, the prosecution was also slammed for imprecision and mistakes in the charges. Magistrate Mifsud said while he was “very worried about the serious shortcomings in the prosecution of cases before him, this did not always end up in an acquittal.”

The court noted that the prosecutor did not possess a copy of the threatening SMS, although the accused had admitted, in his statement, to sending it. “Although the allegations may be true and could have happened in the past, there is no evidence of... when this took place.”

The charge relating to harassment was dismissed, the court noting that more than one message was required for this offence to subsist. Likewise the charge of making threats was taken as withdrawn by the woman’s refusal to testify.

Bogdanvoic was thus found guilty of charges 3 and 4: misuse of telecommunications equipment and insecure storage of firearms. In addition to a fine of €1,000 and 1 year suspension of his firearms licence, the court issued a protection order in favour of the footballer’s wife and her family.

The publication of the name of the wife of the accused and any of the children is banned.