Fatal fall at police depot gives rise to questions

The government prefers to await the outcome of a magisterial inquiry into the death of a man who, on his deathbed, alleged he was brutally beaten and thrown off the bastions by the police, before ordering an internal investigation.

Both the Prime Minister and Justice Minister Carmelo Mifsud Bonnici told The Times that Magistrate Anthony Vella had listened to everybody's testimony, including of the deceased, and they were expecting the inquiry to be concluded this week.

"We are taking this matter very seriously. However, we have to be careful because we do not have proof as to what happened yet and we are waiting for the facts to emerge," Dr Mifsud Bonnici said.

"If the allegations are true, this is extremely grave.

"If the inquiry establishes that somebody did something wrong, heads will roll and we'll take the necessary action," he stressed.

When asked whether he would be ordering an internal investigation into the police's behaviour, Dr Mifsud Bonnici felt this would be nowhere near as exhaustive as the magisterial inquiry now in progress.

"I have full faith in Magistrate Vella and if any foul play was involved this will emerge in the inquiry's conclusions," he said, adding that the police had only just heard of the allegations through a report in Malta Today, which broke the story yesterday.

The police said yesterday that at no point throughout the proceedings did it result to them that there were any allegations of beatings or of people being thrown off somewhere, as Malta Today had reported. The police added they will await the results of the magisterial inquiry and proceed accordingly.

Malta Today noted later that the inquiry referred to by the police was simply normal procedure and not the result of any allegations.

It said Dr Mifsud Bonnici was in duty bound to open another inquiry delving into the serious allegations made and, in the meantime, the police involved in interrogating the victim should be suspended until the investigations are concluded.

The incident in question happened on April 8, when Nicholas Azzopardi, 38, of Fgura, was called in for questioning at the police headquarters on familial issues. A day later the police issued a statement saying Mr Azzopardi was critical after "he jumped from a height after he tried to escape police custody".

In another statement the next day, they said he was still critical but none was forthcoming when he died on April 22. It is normal practice for the police to announce publicly when the victim of an incident reported by them eventually succumbs to injuries.

Mr Azzopardi's parents, however, have a completely different story to tell and sources close to the family said they were standing by what their son claimed before he died, in the presence of three witnesses. This is what he alleged, as recounted by those who were at his deathbed.

It all began in the afternoon of April 8 when Mr Azzopardi, who had a clean criminal record and worked as a senior safety officer at Enemalta, was called in for questioning in connection with a family issue. He had not informed his parents that he would be going to the police headquarters.

When he arrived in Floriana, Mr Azzopardi said in hospital, he was escorted to the police lock-up. Two policemen, wearing a navy blue jumper and matching trousers, with no identification or badge evident, walked in and began to hurl insults.

"Nicky said the interrogating police began to hit him for no reason and that's when he retaliated and pushed one of the officers against the wall. The other officer, possibly trained in martial arts, flung a side kick breaking four ribs and puncturing his lung. He subsequently lost consciousness," the sources said.

"It breaks his parents' heart to picture him on his own in that room being beaten up."

In the meantime, his parents had no idea what was happening until they received a call from the police the next day asking them to show up at the headquarters.

"His parents showed up and waited for four hours before an inspector appeared and told them that everything was fine and their son was in custody. Their request for a lawyer to speak with their son was rejected as he was still in detention," the sources said.

Seeing they were getting nowhere and their mind at rest that "everything was fine", the parents returned home. At about six that evening they were informed their son was in the hospital's intensive care and his condition critical.

They were told their son had tried to escape and had fallen three storeys into a ditch beneath the police headquarters.

They kept a vigil by their son's bedside and, when he came to his senses, 13 days later, the first words he said were: "I'm scared, I'm scared. They crushed me. Please defend me. Take me home. Don't leave me alone".

That's when Mr Azzopardi opened up and claimed the police gave him a good beating. The sources said the family immediately requested their son be given protection by the court, but this was not forthcoming.

Eventually, the man's condition began to improve and he was moved to the hospital's Ward 1, where he continued being treated for leg and back injuries. Magistrate Vella called at the hospital to question Mr Azzopardi, who, the sources said, repeated his allegations.

"After the magistrate left, Mr Azzopardi seemed in high spirits and he spent the evening with his parents watching the television series Gizelle," the sources added.

Three hours later his parents received a phone call that their son's condition had taken a turn for the worse and, by the time they reached Mater Dei Hospital, he had died.

An autopsy was carried out and the Azzopardi family buried their healthy son - who relished nothing more than spending time at sea - at the Naxxar parish last Friday.

The results of the post mortem examination have not been released yet but sources close to the investigation said that, if what Mr Azzopardi alleged did in fact occur, then this should be backed up by the autopsy findings which should, in turn, be communicated to the investigating magistrate.

"The cause of death was not compatible with a beating but with a fall from a height," the sources added.