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2 MATTHEW AGIUS LAWYERS for the directors of Construct Furniture have asked the courts to order a police inves- tigation into the leak of sections of a magisterial inquiry into the death of an employee, ended up on the front page of last Sunday's edition of The Sunday Times of Malta. The magisterial inquiry was ap- pointed after an accident at the factory claimed the life of 17-year- old Matthew Bartolo in 2015. Bartolo died when he was oper- ating a machine used to manufac- ture doors at Construct Furniture. The teenager got caught in the machine, which claimed his life. The Sunday Times reported that the inquiry suspected that Bar- tolo's signature may have been forged on training sheets present- ed by the company. The company, the inquiry reportedly found, had also failed to follow health and safety procedures. Normally the contents of such inquiries never see the light of day, with access being restricted to the lawyers or the superior courts, but the lawyers filed the request after The Sunday Times reported that Construct Furniture's direc- tor would be charged with the 17-year-old's death – before the company's lawyers themselves had even been shown the report. "The way that the conclusions of the inquiry in question were made public and broadcast on the media before the defence had been given a copy... and technically be- fore criminal charges against any individual had even been filed, is in itself an abuse and, aside from prejudicing the defence's case could potentially create an ob- stacle in these proceedings to the detriment of the correct admin- istration of justice," the defence team argued. Lawyers Edward Gatt and Vero- nique Dalli, who signed the appli- cation, claimed that the leak was of "serious concern". While the defence "did not agree at all" with the findings of that inquiry, it said it was prepared to contest those conclusions at the correct time. The inquiry was carried out by Magistrate Joseph Mifsud. The lawyers want the court to order the Commissioner of Police to investigate the leak "so as to safeguard the inquiry". maltatoday, WEDNESDAY, 15 JUNE 2016 News S A O C C featuring the Malta Philharmonic Orchestra Conductor Prof. Michael Laus with the participation of Soprano Miriam Gauci and e Goldberg Ensemble at St John's Co-Cathedral on ursday 23 rd June 2016 at 19.30 hrs. under the distinguished patronage of e Hon. the Prime Minister of Malta A reception will be held at Pjazza Regina a er the Concert. Entrance to the Concert and Reception is strictly by invitation. Invitation-voucher(s) available from MASMOM o ces, Casa Lanfreducci, Pjazza Jean de Valette, adjacent to Our Lady of Victory Church,Valletta. Tel. no.: 2122 6919 / 2124 6406 info@orderofmalta-malta.org.mt e Maltese Association of the Sovereign Military Order of Malta and the St John's Co-Cathedral Foundation present their advertissement 2016 colour final.indd 1 02/06/2016 08:29 Jail sentence reduced to a fine for father and son who assaulted policeman MAT THEW AGIUS TWO men who had been sen- tenced to six months' impris- onment in 2013 for assaulting a policeman have seen their sen- tences reduced to a fine on ap- peal, after doubts emerged as to whether the plain-clothed of- ficer had identified himself. Raymond Cutajar, 60 and his 30-year-old son, George, had initially been found guilty of assaulting and slightly injuring a public official, damaging his clothes, breaching the peace, disobeying police orders and re- lapsing following an argument over the positioning of a kiosk, which had occurred in October 2005. A dispute had arisen between the Cutajars who had set up a kiosk outside a shop owned by the Schiavone family, who had argued the kiosk was obstruct- ing the entrance to the shop. The argument had initially been a heated one, but had not developed into violence. That changed, however when Ray- mond Debono, a policeman married to one of the Schiavone women, arrived to pick up his wife after work. Shortly after his arrival, Debono was assaulted by the Cutajars, ending with his shirt torn and his face scratched and bleeding. The court heard Debono claim that he had found the argument in full swing outside the shop when he arrived. He said that after he had announced that he was an officer of the law and told his family members to go inside and call the police, he was assaulted. A different story altogether was told by Raymond Cutajar. He explained that during the loud argument – over the paint- ing of road markings by the Sch- iavones, to indicate where they could set up shop and the mark- ings' removal by the Cutajars – someone had emerged from the shop and f loored his son, kicking him while he was on the ground. Raymond Cutajar had intuitively intervened to defend his son. The police had arrived shortly after. He denied that Debono had identified himself. Deciding the case, Mr Justice Giovanni Grixti said he was not convinced of the version of events as told by the Schiavone family. He noted that Debono himself had conceded that they might not have heard him de- clare that he was a policeman, due to the ongoing shouting match. The court remarked that it was unusual for a person to intervene in a fight, announce himself to be from law enforce- ment and then be attacked, as the consequences would obvi- ously be worse. The Court of Criminal Appeal declared the Cutajars to be in- nocent of the charges relating to assaulting the officer, instead finding them guilty of the lesser charges of damaging Debono's clothes and breaching the peace, for which they were each fined €55. Inspector Joseph Agius pros- ecuted. Law yers Franco Debono and Marion Camilleri were de- fence counsel. Youths get community service for stealing police crash helmet MATTHEW AGIUS TWO men in their twenties have been ordered to perform com- munity service after they admit- ted to stealing a police motorcy- cle helmet. 22-year-old David Cassar, of Luqa and Joseph Cassar, 20, of Marsa appeared before magis- trate Doreen Clarke, charged with the theft of the crash hel- met. The crime was aggravated by the value and nature of the object stolen, as well as the place it was stolen from. The pair, who were also ac- cused of recidivism, had pleaded guilty as charged. With respect to the recidivism charge against Joseph Cassar, however, the court noted that while he had been found guilty of offences on two previous occa- sions, he was conditionally dis- charged both times. "It is well established that a conditional discharge... cannot be deemed to be a previous con- viction for the purposes of recid- ivism," the magistrate said. The younger Cassar was cleared of that charge. David Cassar, however had been found guilty on five previous occasions, receiving conditional discharges, a suspended sentence and fines. In its considerations on sen- tencing the men, the court noted the early guilty plea, the men's cooperation with police and the fact that they had repaid the val- ue of the stolen item. David Cas- sar was adjudged to have a drug abuse problem that needed to be addressed, and both accused had psychological conditions that re- quired treatment. In a pre-sentencing report which had been prepared by a probation officer, the court was urged to place the pair under a probation order, which would al- low these issues to be addressed. This suggestion was adopted by the court. They were also ordered to perform community service, in spite of the difficulties that the men would face due to their long working hours. "The court is of the opinion, having seen their criminal re- cords, that in this case it is essen- tial that the accused understand the seriousness of their actions." Referring to their criminal re- cords, Magistrate Clarke said the courts had given the men opportunities to address their problems in the past and said the court was convinced that it should give them one last chance to do so. The men were both handed treatment orders and ordered to perform community service. Jo- seph Cassar was placed on pro- bation for two years and ordered to perform 40 hours of service in the community whilst David Cassar was placed on probation for three years and ordered to complete 80 hours of community service. Lawyer Charmaine Cherrett appeared for the two men. Inspector Roderick Agius pros- ecuted. Construct Furniture director wants investigation into leak that revealed responsibility for death Matthew Bartolo, from Kirkop, died last year following an accident at Construct Furniture's factory at Hal Farrug, in the limits of Luqa