Shirtless reveller, arrested during St Julian's feast, released on bail

The man who was photographed while being arrested during the St Julian's feast for allegedly assaulting police while drunk, wept openly in court as he was granted bail this morning.

27-year-old Gżira resident Darren Grech had been remanded in custody since 28 August when he was charged with punching a police officer in the face after being told to stop swearing at the St Julian's feast celebrations.

Civilian photographs of the incident were prominently featured on news media.

Police allege that a shirtless, drunk and foul-mouthed Darren Grech had insulted and then punched a constable who told him to calm down.

This morning, Magistrate Ian Farrugia heard Police Inspector Elton Taliana and a number of policemen stationed at St Julian's give their account of how Grech had resisted arrest and hurled a selection of choice insults involving family members, their graves and bodily fluids at police. One arresting officer said that he added a curse on “tal-Gżira.” Taliana told the court that during his interrogation, Grech had admitted to having drunk a bottle of vodka. The accused had said that it “was possible” that he had sworn at police but had denied physically attacking them, Taliana claimed.

Grech's defence lawyer, Luciano Busuttil, cross-examined the station orderly. The constable had testified that the accused appeared “a bit aggressive towards the police. He was swearing and resisting the officers,” Busuttil pointed out that he had not included this detail in his statement.

“In the report I did say that once in the cell, the accused was swearing and insulting us from there. The station isn't very big so I could hear him from where I was,” the constable replied.

Another constable, also stationed at St Julian's police station took the witness stand to explain what led to the arrest. He and two colleagues had noticed Grech in Gorg Borg Olivier street, shirtless and insulting people using foul language, he said. “We told him to put his shirt on and took him to the station. Near Costa Coffee, he punched a colleague of mine. We gave him a...we handcuffed him and he struggled a bit. At the station he carried on being abusive, spitting at an officer and tearing his shirt.”

Under cross-examination, he insisted that excessive force had not been used in escorting the man to the police station and denied the policeman had been injured in a struggle. “No. The officer asked him to stop swearing and he was punched,” said the constable, adding that he had been to the left of the accused as he was escorted to the police station.

A third constable involved in the arrest, also testified. “On 28 August I was on first watch ... while we were walking back to the station for clearance we saw Grech near an ice-cream shop, horsing around and disturbing the peace. PC 145 went up to him to ask him to quiet down and was punched. He continued to resist arrest and spat on my shirt. He was taken to the station lockup.”

Prompted by the prosecution, he gave graphic examples of the curses the accused had allegedly been uttering at the officers. “Things you never want to hear ... As I tried to quiet him down again he spat at me, hitting my shirt ... I saw PC1505 with a red mark on his face.”

The defence asked the witness how Grech had been escorted to the police station. “An officer on both sides and one behind him in case he tried to escape,” replied the constable. However, when pressed on which officers had been on what side of the accused, the witness appeared to become distressed, eventually saying that he could not remember. Almost inaudibly, the officer denied the defence's questions as to whether the accused had been thrown to the ground during his arrest. At that point Busuttil was seen showing something on his mobile to the accused, who smiled.

The constable who had been punched also testified today. “As he was walking towards the station he started insulting us both personally and as policemen. I told him to stand down and he punched me. The blow spun me round and I blanked out. Then my colleagues arrested him. Later, at the station he threw himself to the ground and made a scene saying he was being beaten up by the police. I stepped away and he carried on shouting ‘ajma ajma.’”

Under cross-examination, the officer who had allegedly been assaulted said he had then held the man's left arm while another officer held the accused's right to handcuff him. The witness had been at the front of the group as they walked back to the station, he said. 

“Did you ask the person why he was agitated and upset [before arresting him]?” asked Busuttil. “I told him to put his shirt on and keep the public peace," he replied. “Didn't you ask why he was agitated in the first place?” repeated the lawyer.

A fifth policeman, who was not directly involved in the arrest, confirmed that no breathalyser test had been carried out on the accused.  

On instructions from the Attorney General, the prosecution objected to a new request for bail, as the accused “was in breach of a conditional discharge he received in February.”

Defence counter argued that all witnesses had testified today. He could safely be released from custody, under suitable conditions. “The accused is his sick father's full-time career. On that day his father had fallen and hit his head,” Busuttil added.

He suggested the court prohibit the accused from attending places of entertainment. “If he has a drinking problem he can be treated. At the moment all we have is a person accused,” said the lawyer.

Grech's gaze was fixed on the floor, the accused silently crying throughout the defence's submissions.

The court said it agreed with a number of the Attorney General's arguments, amongst them the fact that there was no doubt that the crimes he is accused of are of a grave nature. “At this sui generis stage,” the court said, “we must be very careful not to confuse the principles applicable to bail and the principles that apply when contemplating the guilt or otherwise after the evidence has been tendered.

“Care must be taken in interpreting the intention of the legislator when he speaks of the trustworthiness of the person requesting bail; as well as when the legislator addresses the issue of the person committing another crime in the context of bail.”

Magistrate Farrugia upheld the request for bail as relatives of the accused, seated at the back of the courtroom, wiped away happy tears, beaming.

Fixing Grech's bail deposit at €2,000 and personal guarantee of €3,000, the court highlighted the fact that while the charges were serious, they were still unproven. The accused has strong ties to Malta and there was no risk of him absconding, it held.

Grech was also ordered to sign bail book three times a week and observe a curfew. “At 7pm you have to be indoors. I don't care about barbecues or anything like that,” growled the Magistrate. “Now things have become very serious. I care little for the fact that you do not have much money.” Turning towards the accused's father, he added “if you see him drinking at midday and starting to get drunk you had better drag him away or he will lose his bail and he will lose his €5,000.”