Bodycam unveils police perjury, contradicting courtroom testimony

A recent call for greater respect toward the police has sparked widespread discussion, but should this reverence to authority go unquestioned?

Lawyers Dr. Veronique Dalli and Dr. Dean Hili represented Mr. Lazar Mitic in a case where CCTV footage contradicted Police claims that Mitic had threatened, resisted arrest, and assaulted officers. Instead, the footage revealed that the officers had ignored his report of being threatened by a third party—choosing to lounge in a restaurant rather than investigate his claims.

The court condemned the officers’ “outright lies,” urged disciplinary action, and cleared the defendant of major charges.

In a recent judgment delivered by the Court of Magistrates (Malta) As a Court of Criminal Judicature, a Magistrate has urged the Police Commissioner to consider disciplinary action against two constables after CCTV footage contradicted their account in an assault case, revealing what the court unquestionably refers to as “outright lies.”

The case involved an incident outside a kebab shop in San Ġwann, where Mr Lazar Mitic, 27, reported to the Police what he perceived to be threatening behaiour by a knife wielding man, during an argument in which this aggressor alleged that the defendant had damaged his car while parking. Mitic approached nearby officers for help upon their arrival, but instead of investigating, they first perceived him as the aggressor and then continued with dining at the same restraurant.

CCTV footage showed Mitic approaching them, visibly distressed and pointing toward his alleged attacker.

The officers later claimed that Mitic became unruly and assaulted them, but footage revealed him simply pacing anxiously outside before they handcuffed him. He was charged with assault, resisting arrest, and other minor offenses, but pleaded not guilty.

In court, the officers described Mitic as challenging them to a fight and acting erratically, but bodycam and CCTV footage showed no such behavior. The Magistrate criticized the officers’ failure to investigate, noting that their inaction likely worsened the situation.

Mitic was found to be innocent of the major charges, and was only found guilty of minor offenses, resulting in a one-year conditional discharge.

Mitic was represented by Dr. Veronique Dalli and Dr. Dean Hili

PCRB cancels award over tender committee lack of expertise

A recent decision by the Public Contracts Review Board (PCRB) (Case 1973) highlights several key principles of public procurement law in the context of a tender for the regeneration of St Paul’s Bay, Bugibba, Qawra, Xemxija and Salina Area.

Dalli Advocates assisted its client to challenge the evaluation committee’s reccomendation, upon which the tender was awarded.

The tender used the BPQR method, which requires the contracting authority to award the contract based on technical aspects and other qualitative considerations, rather than just price. The principle highlighted in this case is that evaluators must conduct a thorough and detailed assessment of each bid, scoring each one of the several technical criteria according to a gradation system (out of 100). This ensures that all technical and financial elements are fully considered.

In this case, the PCRB found that the evaluators did not fully comply with this requirement, since they graded every technical criterion with a score of 100 out of 100, rather than using the incremental grading system as was required. This gradation system allows for differentiation in quality, with scores ranging from 0 to 100 based on how well each submission meets the tender’s specific criteria. By assigning perfect scores across the board, the evaluators failed to make a meaningful comparison between the bidders, thus disregarding the requirement to thoroughly analyse each aspect of the tender submissions. This approach undermined the integrity of the evaluation process, as it did not reflect the nuanced differences between the bids, which should have been the basis for awarding marks incrementally according to merit. 

Tied to this principle, the PCRB also stressed that evaluators should possess a basic understanding of the subject matter they are evaluating. In this case, it turned out that the evaluation committee lacked the assistance of a technical expert, and some of the evaluators admitting to having no knowledge in critical areas such as ecology or urban development, even though these were obviously important components of a tender concerning urban regeneration. 

The Board noted that a properly constituted evaluation committee with relevant technical expertise is crucial for the integrity of the process. An evaluation board cannot possibly evaluate a bid thoroughly and in detailed manner if its members do not have specialized knowledge in the subject-matter at hand. 

For these reasons, the PCRB revoked the evaluation’s board decision and the contracting authority to re-evaluate the bids through a newly composed Evaluation Committee composed of new members having a basic understanding of the subject matter.

With extensive experience in the sector, Dalli Advocates has provided support to both bidders and government entities in

School fined €50,000 for data protection infringement 

Complainant sought access to her son’s occupational and speech therapy sessions files, which service was provided by the school he attended. The Commissioner highlighted a “serious lack of diligence” by the school, noting several deficiencies. A €50,000 fine was imposed, with an additional €50 for each day the violation persisted.

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Dispute on property description lands owners in Court 

The First Hall Civil Court affirmed that indeed the description referred to a state of co-ownership. This decision was supported by the historical and structural context of the building, as the properties were originally designed as separate tenements for various families or “kerrejja,” as testified by witnesses during the proceedings.

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