Brothers face assault charges as court questions arrest validity

Two men appeared before a court on Monday and were charged with assault, but the court declared one arrest invalid while confirming the other.

Ali Faiez, 30, a driver from Żebbuġ, and his brother Waleed Aslam, 21, a student also residing in Żebbuġ, were charged with causing bodily harm to Khan Baryalai using a cutting or piercing instrument on 16 October at a residence on Peter Street, Żebbuġ. The charges also include causing damage and insulting the alleged victim with scandalous conduct.

The defence, led by lawyer Nicholette Schembri, contested the validity of both arrests, arguing that police had called the defendants on 18 October requesting they visit the Siġġiewi police station for questioning.

The following day, while the brothers were in Rabat viewing a potential new residence, the inspector called again asking them to travel to Żebbuġ for their arrest.

"They had to travel from Rabat to Żebbuġ to be arrested and for the warrants to be executed," the defence argued, questioning the procedural validity of requiring suspects to present themselves for arrest.

The court heard that Waleed Aslam had also sustained injuries during the incident and asked to file a police report against the alleged victim. However, the accused said that the police refused this request, stating that once arrested, they could not file a police report.

More significantly, when Waleed requested medical assistance, the accused held that the police failed to ensure he received proper medical attention. Despite asking to see a doctor, the accused was told to prioritise giving his statement first.

Magistrate Abigail Lofaro questioned Inspector Sammut directly, noting it would have been "the easiest thing in the world" to arrange hospital treatment, but the inspector had merely advised the accused to inform the custody officer of his medical needs.

The court declared Ali Faiez's arrest valid and justified under law, but ruled that Waleed Aslam's arrest was invalid, citing violations of his right to medical assistance. This breach of proper procedure by the arresting inspector rendered the second arrest legally deficient.

Ali Faiez pleaded not guilty to all charges. The prosecution requested custody, arguing he had insufficient ties to Malta. However, the defence countered that both brothers had established connections to the country, with Ali operating a transport business in Malta.

When it emerged the defendants had no fixed address, as they had been apartment hunting when arrested, two friends testified as witnesses. One witness’ landlord in Naxxar agreed to accommodate the brothers.

The court granted bail under the following conditions: Ali Faiez must not leave the islands, sign daily at Birkirkara police station, observe a curfew between 11pm and 7:30am, and provide a personal guarantee of €2,000. A protection order was granted for the alleged victim.

The court sent the acts to the registrar for the case to be assigned accordingly.