Appeals Court increases community service for Transport Malta officers convicted of assault

The Criminal Court of Appeal has raised the community service hours for two Transport Malta officers who were found guilty of assaulting a man in an incident that was later captured on film.

The officers were originally sentenced to 200 hours of community service but now face 350 hours following an appeal.

The officers, Ivan Cassar, 43, from Ħaż-Żabbar, and Rene Antonelli, 39, from Qrendi, were convicted for an attack that occurred on 26 October 2022, between 9 and 10pm on Triq Ħal Qormi in Marsa.

The court had ruled that they inflicted harm on the victim as a form of retribution, acting on a suspicion that he had committed an offense.

Additionally, they were found guilty of misconduct in their capacity as public officials, unlawfully detaining the man, failing to notify the police, causing him minor injuries, making threats, disturbing the peace with shouting and fighting, and driving recklessly at high speeds.

On 12 February, the Magistrate’s Court, presided over by Magistrate Leonard Caruana, sentenced the officers to 200 hours of community service each. However, the Attorney General’s office appealed the decision.

In the appeal, Judge Neville Camilleri acknowledged that the officers were in a state of panic at the time of the incident but emphasised that their greatest mistake was acting out of passion rather than rational thought.

He highlighted the risk they posed by chasing the man on motorcycles, which endangered not only their own lives but also the lives of others.

Justice Camilleri made it clear that such behaviour from public officials is unacceptable, as it damages public trust in authorities and instils a sense of insecurity among the public.

Nevertheless, he noted the officers were on duty at the time, and had something gone wrong, they could have lost their lives. Despite this, he said the danger they created was entirely their responsibility.

In light of the circumstances, Justice Camilleri deemed the original 200-hour sentence too lenient and increased it to 350 hours of community service for each officer.

The two were represented by Lawyer Ishmael Psaila during the case.