Prosecutors drop attempted murder charge against driver who police shot at 56 times

A charge of attempted murder, originally filed against a man accused of driving his car at pursuing police officers in 2021, has been withdrawn by the Attorney General.

The move that now leaves the defendant facing a maximum nine-year sentence, down from the previous 40 years.

Aiden Bartolo, then 24, had been pulled over by the police on 2 December 2021 on suspicion of drug trafficking but at one point had reversed into two officers before driving off.

Police officers had opened fire on his car, firing a total of 56 shots at the Mazda Demio and wounding him in the leg. Bartolo managed to escape the gunfire nonetheless and was later found at Mizieb after a six-hour manhunt by the police and AFM. No drugs or weapons were found in the car or in the man’s possession.

Bartolo had originally been charged with attempted murder, attempted grievous bodily harm, injuring police officers, dangerous driving, disobeying police orders and relapsing. He pleaded not guilty to the charges and is currently on bail. 

But in a note listing the sections of the Criminal Code which Bartolo was being accused of breaching, filed by the Attorney General on August 28 in the acts of the proceedings before the Court of Magistrates, there is no mention of the crime of wilful homicide or attempts thereof.

The note, signed by prosecuting lawyers Darlene Grima and Anthony Vella, the Attorney General asked the Court of Magistrates to proceed with hearing and deciding the case itself, at the end of the compilation of evidence, and not the Criminal Court. 

The upshot is that Bartolo will not be tried by a jury and is facing a much lower prison sentence - a maximum of nine years instead of 40.

During the compilation of evidence against the 26-year-old, the court was told that officers from the Drugs Squad had been following the suspect’s vehicle when he realised that he was being followed and increased his speed, with the police in pursuit.

At one point, the suspect had gone around a roundabout and drove directly at the police cars, leading officers to open fire in an unsuccessful attempt to stop him. A manhunt was launched, leading to Bartolo’s arrest after he was found hiding in woodland at Miżieb.

Bartolo’s lawyers, Franco Debono and Marion Camilleri are arguing that he never had any intention to harm anyone and that it was Bartolo who had suffered gunshot wounds and had to be operated upon.