The arrest of a 52-year-old man has been ruled invalid by a Maltese court after it was revealed that the police officer who apprehended him failed to inform a magistrate about the arrest.

The man pleaded not guilty in court this week after being charged with assaulting a 12-year-old boy and causing minor injuries following repeated instances of the boy “banging” on his door.

During the proceedings, the arresting police inspector admitted that he neglected to notify a magistrate about the arrest when questioned by the defendant’s lawyers, Franco Debono and Francesca Zarb.

The man was arrested after visiting the police station to report that the 12-year-old boy, along with other children, had repeatedly banged aggressively on his door. The loud knocking caused his front door to shake, and in an attempt to identify one of the children, he took the child’s phone and handed it over to the police. The boy was subsequently identified when the police contacted his father.

At the police station, the child claimed that the man had assaulted him. The defendant voluntarily remained at the station while the child was taken to a health clinic, where it was confirmed that he had suffered minor injuries.

Following the medical examination, the police arrested the man, accusing him of causing harm to the child, instilling fear, and disturbing public order.

However, during the court proceedings, one of the man’s lawyers, Franco Debono, contested the validity of the arrest and demanded that the police inspector testify under oath.

The police inspector testified that, according to the law, he had six hours to report the arrest to a magistrate, but he failed to do so.

The law stipulates that if a police inspector reasonably suspects that a person who voluntarily appeared at a police station may have committed an imprisonable offence, they may arrest that person without a warrant and promptly inform them. However, “the time of the arrest shall be immediately recorded, and immediate notice thereof shall be given to a magistrate.”

Upon learning of this failure to comply with the law, the court declared the arrest invalid and not in accordance with proper procedures, leading to the release of the accused.

Debono further argued that the defendant had the right to apprehend the 12-year-old boy since the law grants citizens the authority to make warrantless arrests when the person “is in the act of committing or has just committed any crime concerning the peace and honour of families and morals, any crime of wilful homicide or bodily harm, or any crime of theft or of wilful unlawful entry or damage to property.”