Police vs Gerada — Vehicle Theft in Mosta and Violent Resistance at Police Station: Partial Conviction After 14 Years

Ronald Gerada stole an Isuzu van and tools in 2006. When brought to Mosta police station, he violently resisted and threatened officers. After over 14 years, the court found him guilty of the theft charges but acquitted him of assaulting police.

Court of Magistrates (Malta) — Criminal · Magistrate Dr. Monica Vella LL.D., M.Jur. · 24 June 2020

In May 2006, Ronald Gerada stole an Isuzu van (worth over Lm1,000) and associated tools from Mosta. When arrested and brought to Mosta police station on 26 May 2006, he violently resisted PC Stephen Micallef and PC Raymond Saliba, threatened and insulted them while they were performing their duties. The case took over 14 years to conclude. The court convicted Gerada of the vehicle theft charges (aggravated by value, means, night-time and the person) but acquitted him of the assault on police charges — finding the evidence on those specific charges did not meet the required standard of proof beyond reasonable doubt. The prosecution failed to adequately prove the elements of violent resistance under Article 95.

Guilty of aggravated theft charges (vehicle and tools — Arts. 261, 263, 264, 279, 280). Acquitted of assault on police (Art. 95) and insulting police (Art. 252) charges.

• Theft of a vehicle is aggravated by multiple factors in Maltese law: the value, the means used, the time of night, and the person targeted
• Even when an accused is clearly connected to events, each individual charge requires its own proof beyond reasonable doubt
• Criminal proceedings can take many years in Malta — this case took over 14 years from offence to verdict

Criminal Code Ch. 9 Arts. 261 (aggravated theft by value), 263, 264, 279(b), 280 — vehicle theft; Art. 95 (assault on police — acquitted)