Issue link: https://maltatoday.uberflip.com/i/758493
maltatoday, SUNDAY, 4 DECEMBER 2016 6 MATTHEW VELLA JESMOND Zammit, the person of trust who serves as chief of staff to Ian Borg, the parliamentary secre- tary for EU funds, is back at his desk from tomorrow morning. He spent three weeks suspended from work pending an inquiry into the release on police bail of former Malta in- ternational midfielder Daniel Bog- danovic, making it possible for him to play for Xewkija Tigers – the team Zammit coaches – against Kercem the day of his release. The inquiry, carried out by retired AFM commander Carmel Vassallo, was tasked to establish the legality of the release and whether any "ex- ternal intervention" played a part in the release. And yet, nowhere in the Bogda- novic inquiry does Vassallo once mention that Xewkija coach Jes- mond Zammit is indeed a govern- ment official, a person of trust who felt he could freely call up Assistant Commissioner Carmelo Magri to inquire about his footballer's arrest. And why, of all people, AC Magri? Because he had to be someone ame- nable to this kind of request from a Labour government aide, and not a rigid observer of procedure who would have otherwise fobbed off the man calling him about a domes- tic violence incident. On 29 October at 7pm, Daniel Bogdanovic's wife Alison and her brother Ferdinando Apap – who happens to be a striker for Ghajn- sielem FC – reported her husband to the Victoria police over a threat- ening SMS he had sent her. The contents of the SMS have been re- dacted in the inquiry, although they are described as a "serious threat" and that Bogdanovic denied point- ing a pistol at his wife's face. Fear is a central fact of this story: his wife had been scared to file a report ear- lier, and it was this SMS that singu- larly pushed her to tell the police, which is why she was accompanied by her brother. After his arrest that evening, and having his pistol – which he kept in his bedroom commode – and rifle seized, Insp. Edel Mary Camilleri informed Magistrate Joanne Vella Cuschieri she would ar- raign the footballer first thing on Monday morn- ing, under arrest. Camilleri at this point was not con- sidering granting Bogda- novic police bail, because she had yet to procure his police records, which was only possible on Monday morning. But two things happened that put Camilleri in a quandary. That Saturday evening, AC Magri – having been contacted by Jesmond Zammit – called Camilleri to suggest to her "especially due to the circumstanc- es of the case, to communicate again with the Magistrate over the time of the arraignment." Indeed, AC Magri specifically asked Camilleri whether Bogda- novic could be arraigned on Sunday morning, although he gave no in- structions on giving the footballer police bail. Camilleri spoke to Vella Cuschie- ri, who confirmed that Bogdanovic be arraigned on Monday, and re- layed the conversation to AC Ma- gri, who in turn also spoke to Zam- mit to tell him Bogdanovic would be kept under arrest. Then on Sunday morning, a con- versation ensued between Superin- tendent Antonello Grech and Edel Mary Camilleri, a conversation she said that "sounded like a warning". The testimonies of the police of- ficers have not been published, but it is stated that Grech suggested that keeping Bogdanovic under arrest would be "against the spirit of the law" since Camilleri had al- ready seized the weapons, ensured the safety of the victims, and was only waiting for the police offices to re-open on Monday. Although not published in the inquiry report, MaltaToday is also informed that Bogdanovic's foot- ball match was brought up in this conversation, and that the prospect that he would not play was raised. "What stands out particularly, more than AC Magri's phone-call, is the conversation between Grech and Camilleri," Vassallo precised. "The original phone-call on Sat- urday set the ball rolling, but the determining factor for police bail to be given was this conversation… this conversation should be a sub- ject for the police administration, perhaps the Attorney General, to inquire upon further, in the inter- est of the police corps." To Vassallo, as he wrote in his inquiry report, Antonello Grech testified that it was "not normal practice" that police keep a per- son under arrest up to the 48-hour limit. But Vassallo states that although Camilleri's investigation was prac- tically complete, this did not mean that Bogdanovic had to be released automatically: "The seriousness of the case and the sensitivity necessary in treating domestic violence demand caution. The Inspector felt that the Super- intendent's speech that Sunday morning sounded like a warning. "So she felt conflicted… she felt Bogdanovic's threat was a serious one, she was aware that the weap- ons were not kept under lock and key," Vassallo noted. But there was a contradiction in the course of action that Camilleri finally took by giving Bogdanovic police bail. Because Camilleri want- ed the Magistrate to issue a protec- tion order for Alison Bogdanovic and her three children, and that ne- cessitated that Daniel Bogdanovic be arraigned under arrest – if not, it would have taken weeks to have him appear in court with the other- wise normal 'notification'. "So it made no sense in giving him police bail," Vassallo pointed out, "if such a serious threat as [Bogda- novic] made also necessitated is- suing a protection order. In these circumstances, the choice had to be either police bail and a notifica- tion to appear in court, or to keep him under arrest as agreed with the magistrate, 37 hours later on Mon- day morning." Vassallo was also clear that doubts still lingered on the fact that Bogda- novic had to play Kercem that same Sunday afternoon. "It could be that the telephone calls from AC Magri and particularly the conversation she had with her superintendent, brought the inspector to decide on police bail. The lack of sensitivity in this decision is present, without doubt." Indeed, Vassallo continued, it struck me as baffling that injunc- tions could be meted out by the courts to stop large-scale construc- tion projects on a mere application by interested parties. "In the case of domestic violence, shouldn't a protection order be is- sued on the mere authority of the Magistrate, instead of through a formal court sitting?" Conclusion: it was all above board surely, but Edel Mary Camilleri had a choice before her. She knew that AC Magri could have 'wished' to see Bogdanovic arraigned as soon as possible on Sunday morning (he would have been granted pro- visional liberty and still make the match in time…); and Supt Grech was adamant that she does not keep the Xewkija favourite under arrest for any longer than was necessary – even though she required a protec- tion order for his family from the courts. Edel Mary Camilleri buckled un- der this kind of pressure. The law was upheld, the procedure had been followed, and Bogdanovic could be allowed to play his match, keeping the fans and the club's ad- ministration happy. mvella@mediatoday.com.mt News MATTHEW AQUILINA On the 21st anniversary of your tragic and mysterious disappearance together with the other passengers of the Piper Lance 9H-ABU We miss you so much dearest Matthew, love Mama, Papa, Daniel & Adrienne, Gillian & Alfio, Emma, Sophie, Luisa, Anna, Nino, Mattia, Luca, Nanna, family and friends. Please remember Matthew in your thoughts and prayers. Bogdanovic had to be kept under arrest. But too many inquiries from her superiors made the female inspector think twice Police bail for Bogdanovic was "insensitive", but the prosecuting inspector felt conflicted after AC Magri called on the evening of the arrest and when the next day superintendent Grech 'warned' her about keeping the footballer under arrest Assistant Commissioner Carmelo Magri specifically asked Camilleri whether Bogdanovic could be arraigned on Sunday morning Why, of all people, AC Magri? Because he had to be someone amenable to this kind of request from a Labour person of trust like Jesmond Zammit "It made no sense in giving him police bail if such a serious threat necessitated issuing a protection order" L-R: Jesmond Zammit, Daniel Bogdanovic, and Carmelo Magri