Appeals court overturns fine for argument in police station

A woman who had been fined over an argument with her sister's partner has had her sentence revoked on appeal.

49-year-old Caroline Sammut had been slapped with a €200 fine for breaching the peace, insulting a man and disobeying police orders, after an argument at the Naxxar police station in February last year.

Before passing judgment on Sammut's appeal, Madam Justice Edwina Grima had ordered that the court hear the witnesses testify again. The judge remarked that the court of first instance had not mentioned the reasons for which it had found Sammut guilty.

The court was told that Sammut's mother had argued with her sister about a relationship the sister was in, after which the mother had asked Sammut to take her to the police station. The sister and her boyfriend also called at the police station, where an argument started between the boyfriend and Sammut.

The boyfriend, stung by the mother calling him a clown and a madman in response to his calling her a prostitute, proceeded to attack the woman.

The court held that it had been shown no evidence that the accused had created a disturbance, noting that the two police officers who had been present at the time had only testified to her passing remarks about him.

Neither was there evidence that the woman had threatened or insulted him. Rather, the boyfriend had been the first to utter offensive remarks, said the judge, explaining that there had been an element of provocation.

As the police had only needed to restrain the man and had not given any orders to the woman accused, it stood to reason that she could not be found guilty of disobeying them, held the court.

Concluding that the Court of Magistrates had made an incorrect appreciation of the facts, the court of appeal quashed Sammut's charges and declared her to have no fault in the matter.