Police fired 50 shots during Mellieħa arrest, court told

Over 50 shots were fired at a car driving at police officers during the arrest of 24 year-old Aidan Bartolo in Mellieħa earlier this month, a court has heard.

Bartolo, whose car had been flagged down on suspicion of drugs and weapons possession, fired a total of 50 shots at his Mazda Demio as he drove at them, in what the police allege was an attempt to run them over.

Bartolo stands accused of the attempted murder of the six police officers who had been sent to intercept his vehicle.

When the case was called on Wednesday before Magistrate Gabriella Vella, the accused limped into the courtroom, leaning on crutches.

Bartolo had been granted bail in a previous sitting.

The arresting officers testified on Wednesday, one telling the court that he had emptied his 17 round magazine on the car, another fired 13 shots, with the others being unsure of how many rounds they fired in the 15 seconds that the incident took. The total rounds fired at the vehicle amounted to around 50.

Bartolo was hit in the foot by the gunfire, which the officers told the court was aimed at his tyres.

The court ordered a ban on the publication of the names of the testifying officers, who are all part of the Special Intervention Unit.

Lawyers Franco Debono and Marion Camilleri, appearing for the accused, questioned the need for so many shots at the hatchback. “It’s not like it was a battle tank,” observed Debono.

Under cross-examination, the rules of engagement governing such situations did not emerge clearly, but all of the witnesses confirmed that Bartolo had been driving at them.

Debono argued that Bartolo had done so because he was scared and wanted to escape, something the accused had also said in his statement at police headquarters.

But the officers told the court that they could not know his intention and could only testify about his actions.

Despite his car being peppered with gunfire, the suspect managed to escape, driving the wrong way up one-way streets. He was found, 6 hours later in Mizieb, at around midnight on 2 December.

The police said that they had received information that the accused would be driving through the area at around 5:30pm and had spotted him there at around that time. Officers started to flag down cars, with the drivers of the first two vehicles obeying, but when it came to Bartolo’s vehicle, the Mazda did not stop, but instead drove in their direction.

“Our faces where covered, but we had the word ‘Police’ written on our chests,” one officer said, describing how officers had to jump out of the path of the onrushing vehicle, which eventually crashed into two private cars and a police van.

At the time he was ordered to stop, Bartolo spun his wheels and drove the wrong way around a roundabout, almost hitting an officer in the process, said the witness. He insisted that he had fired shots at a low angle, with this having no effect on the car, which then drove off towards Selmun.

Asked by Debono whether the accused had actually hit any of the officers with the car, the witnesses all replied in the negative.

Debono also asked the officers whether there were regulations on the use of force, with the officers replying that they knew the regulations said that they were to defend themselves when the need was felt. They were, however, unable to quote the wording of the regulations, which emerge from a police circular.

After Bartolo's escape, the AFM and police drugs squad assisted in the search.

The accused did not resist when he was arrested at Miżieb, one witness said, adding that Bartolo had himself called his girlfriend asking her to pass on his whereabouts to the police.

Bail was requested, facing opposition from the prosecution, which said that there were civilian witnesses yet to be heard, amongst them drivers of the cars which the accused had collided with.

But when the court was told that the police had been unable to trace one of the drivers, lawyer Marion Camilleri asked how the accused could know who this person was, if even the police didn’t.

Debono said that his client had said in his statement that he did not want to hurt anyone and had tried to escape because he panicked.

The court released Bartolo on bail against a deposit of €5000 and a personal guarantee of €40,000, ordering him to sign a bail book 3 times a week.

The case continues next week.

AG lawyers Anthony Vella and Darlene Grima are prosecuting, together with police inspector Marshal Mallia.