Man charged with attempted theft, claims victims used excessive force during ‘citizen's arrest’

Police are investigating whether excessive force was used during a “citizen’s arrest” at a fast food restaurant in Hamrun on Friday morning, during which the suspected thief was beaten and bloodied by the owners, who had previously employed the accused.

This emerged during the arraignment of Marsa resident Parkeetharan Khathirkamanathan, 31, from Sri Lanka, this morning on charges of attempted theft, trespassing, recidivism and committing a crime during the operative period of a judgement handed down last month. He was also accused of living an idle and vagrant life.

Asked what he did for a living, the accused man told the court that he had a day job at a factory and moonlighted as a restaurant helper in the evenings.

Inspector Andy Rotin briefly explained what led to the man’s arrest. “At around 5:30 am today, the Hamrun police station received a report stating that the accused had been found inside the caller’s establishment, the Journey.” The accused had then fled the restaurant and was chased by the caller and his partner, who succeeded in detaining him, added the inspector.

Inspector Rotin pointed out that the accused had already been arraigned less than a month ago in connection with a string of thefts from the same establishment, which had previously employed the accused.

Defence lawyer David Bonello asked the inspector whether Khathirkamanathan had mentioned to the police that the complainants were still in possession of his mobile phone. 

Inspector Rotin confirmed this, adding that when he had questioned them, they had said they had no reason to do so.

“So basically he was originally detained under a citizen’s arrest,” Bonello continued, pointing out that the accused had been covered in blood when the police arrived, pointing to the man’s heavily blood-stained T-shirt which was amongst the evidence exhibited in court. 

The inspector said that the man had also been questioned about this, but had not divulged any information about it to the police.

The accused, dressed in head-to-toe black, sat silently in the dock with his arms and legs crossed, as the magistrate informed him that he was being charged with attempted theft, trespassing, recidivism and committing a crime during the operative period of a judgement handed down last month. He was also accused of living an idle and vagrant life.

Bonello entered a not guilty plea on the man’s behalf. The lawyer then dictated a note to the court, saying that although the accused did not contest his being arraigned under arrest, the defence was reserving its position regarding the citizen’s arrest and what it described as “the clear indications of excessive force having been used” on the accused during the citizen’s arrest.

The lawyer also asked the court to instruct the police to investigate the persons involved in the citizen’s arrest, for any possible crimes committed.

By way of reply, Inspector Rotin, declared that an investigation into the citizen’s arrest of the accused and the injuries he suffered as a result, was already underway and that the police had already spoken to those involved, under caution. 

The defence’s request for bail was objected to by the prosecution, on the grounds that this was not the accused’s first attempt to commit a crime at the establishment in question, having already been charged over thefts of alcohol and cash from it.  The fact that the man was also an ex-employee increased the risk that he could attempt to communicate with the prosecution witnesses, added the inspector. 

Bonello replied that the charge of recidivism had no basis, as the 24 August judgement it referred to, had not been finalised at the time that the charges were filed. 

Besides this, the accused had also suffered injuries at the hands of persons whom he used to work with and stood charged with a much lesser crime than that which his Maltese employers would potentially face.

“They had seized his mobile phone and he had gone to take it back. The other persons, who are Maltese, beat him up,” said the lawyer, before adding, “I don’t know how one can be accused of living an idle and vagrant life while working two jobs. “

Rotin said there were “countless” police reports involving the accused which were still being investigated. “It’s very easy to say that a person conducting a citizen’s arrest used excessive force when they had more to lose than the accused. They are sick of this situation,” said the inspector. 

It was subsequently clarified that there were a total of five police reports about the man and ongoing proceedings over minor drug possession.

There was clearly an issue with regards to the accused’s employment situation, argued Bonello, telling the court that his client’s assailants “would have been stupid had they beat him up and left him there, without calling the police.”

Magistrate Josette Demicoli opted to deny bail at this stage citing the fact that the accused could not provide the guarantees required by law and also because of the possibility of him approaching civilian witnesses who are yet to testify.