Three Maltese People Have Now Spent 10 Days In Jail For Deriding The Police On Facebook
Photo: CNN
Three people have now spent 10 days in jail for posting derogatory comments against the police force on Facebook and there could well be a legal argument that their human rights have been breached.
The trio, 21-year-old Kylie Cutajar, 28-year-old Ritmark Borg and 28-year-old Joseph D’Amato, will apply for bail again tomorrow after their first request was shot down by magistrate Joe Mifsud who wanted to send a message to society that the police should be respected.
And now Giovanni Bonello, a retired judge who used to preside over cases at the European Court of Human Rights, has argued this harsh action by the magistrate could constitute a breach of their human rights.
“There are clear reasons set out in our case law for bail to be denied – such as the offence being a particularly grievous one or there being a risk of the accused absconding, tampering with evidence or not appearing in court,” Bonello told Lovin Malta. “Bail must be granted or denied purely on the merits of the case in question and not as a political weapon or to send a warning message to society. While in no way condoning their actions, the denial of bail in the case of these three youths could be seen as disproportionate and this could be tested in a case that questions whether this constitutes a breach of their human rights.”
The three young people had reacted to the hit-and-run on police officer Simon Schembri by crudely joking on Facebook that police officers deserve to get run over.
Their comments drew the ire of Police Officers’ Union head Sandro Camilleri, who accused them of “racism” against police officers and called for an investigation by the Cyber Crime Unit.
They were promptly arrested and prosecuted, but were denied bail by magistrate Joe Mifsud.
“When people baselessly attack those who keep order in the country, it means that society is embracing an asp that will kill it,” Mifsud said. “In the circumstances, the court feels it must give out a clear signal to society that the forces of law and order must have all protection and that nobody has the right to ridicule them or incite violence against them merely because they go to work. [The police] may not be given the Gieh ir Repubblika, but at least they should be able to work without people inciting violence against them.”
Do you think the three people deserved to be denied bail?
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