Lawyers call for debate on police interrogations

Criminal lawyers are calling for a debate on the right to have legal counsel to assist people during police investigations.

The call comes in the wake of allegations, made by Nicholas Azzopardi on his deathbed, that he was brutally beaten and thrown off the bastions behind the police headquarters when he was held for questioning in connection with a child abuse report.

The case is now at the centre of two inquiries, one by a magistrate and the other by a retired judge. However, whichever way it goes, the case is bound to expose the vulnerability of people being interrogated or the police themselves.

Andrew Borg Cardona, Chamber of Advocates president, raised the issue in his column in The Times yesterday, pointing out that: "It's also about time to revisit the idea that people 'helping the police with their enquiries' are given the right to be accompanied by a lawyer of their choice."

The comment reflects his opinion not that of the chamber, which does not yet have an official position on the matter, but a few lawyers specialising in criminal law who spoke to The Sunday Times yesterday said it was high time to at least start to debate the issue. An amendment on this matter had actually been introduced to the criminal code. However, it never came into effect. Moreover, this modification does not really allow for the presence of a defence lawyer during the interrogation, but for the accused to consult the lawyer while in custody.

The amendment says that a person held in police custody shall be allowed to consult a lawyer privately "for a period not exceeding one hour" before being questioned.

The law also allows the police to delay this contact with the lawyer for up to 35 hours from the time of the arrest, if, for instance, they feel the consultation may jeopardise "evidence connected with the offence being investigated..."

The revision was apparently being linked with another change in the law, which is also not yet in force and which makes the right to remain silent something that can be used against the accused in court - which has not been the case so far.

Different lawyers who spoke to The Sunday Times urged a debate, while criticising the amendment.

"I believe it is high time we involve lawyers at that stage of the proceedings, as is done in most democratic countries," lawyer Giannella Caruana Curran said in a comment echoed by other lawyers, adding that she could not understand why the amendment had not yet been put into force.

At the same time she was critical of aspects of the amendment, pointing out that while the silence of the accused at an interrogation can be used against them in other legal systems, this measure was usually accompanied by an obligation on part of the police to disclose their evidence on a particular investigation to the lawyer before the interrogation takes place.

Dr Joe Giglio, another lawyer, made the same point, adding, however, that he was also uncomfortable with the discretion of the police to delay the contact with the accused, because it could be used to undermine this right.

"In general, I have to say that I don't really like this amendment. It's inspired by the view that defence lawyers are somehow there to undermine the process, rather than to assist it and ensure the rights of the accused are safeguarded," he said.

"It's a pity and an insult to the profession, because the role of the defence lawyer as a form of checks and balances is crucial to a society that calls itself civilised and democratic."

Was he pushed or did he jump?

Mark Micallef compiles a timeline of events into the mysterious death of Nicholas Azzopardi

April 8: Nicholas Azzopardi, 38, of Fgura, who had won custody of his seven-year-old daughter in a bitter separation case, is called in for questioning by the police on a report of child abuse.

April 9, morning: His parents receive a call from the police, telling them their son was at the depot for questioning. They go to the depot themselves. Their request for a lawyer to speak with their son is rejected as he was still in detention, however, they are told to put their mind at rest as "everything was fine".

April 9, late afternoon: The police issue a statement that Azzopardi was hospitalised after jumping off the bastions behind the police headquarters in a failed escape attempt and that Magistrate Anthony Vella was informed of the case. Later, another statement is issued, saying the man had broken his ribs and was critical. In the meantime, Azzopardi's brother Reno is called in to the depot where Inspector Louise Calleja informs him that his brother had fallen off the bastions after escaping police custody, "hurting a policeman" in the process.

April 18: Azzopardi comes to his senses at Mater Dei's intensive care. He immediately appears restless, wanting to communicate something but is unable to.

April 19: He tells his family that he had been beaten by the police during the interrogation and then thrown off the bastions. He admits he had retaliated against one of his interrogators by ramming him against the cell's metal door. After that, he claims, another officer, possibly trained in martial arts, flung a sidekick to his side, breaking his ribs, after which he fell unconscious. In the next few days, he repeats his story to several people, including his lawyer Raphael Fenech Adami.

April 21: Azzopardi makes a marked improvement. He is removed from intensive care and transferred to the hospital's orthopaedic ward 1.

April 22, morning: Inquiring magistrate Anthony Vella takes Azzopardi's testimony during a lengthy interview. He later interviews his brother Reno, who was asked to wait outside during the interview.

April 22, evening: Azzopardi dies, reportedly of thrombosis. The police do not issue a statement to report his death as is the norm.

April 25: Azzopardi's funeral is held in a packed church in Naxxar.

April 27: Malta Today breaks the story with Azzopardi's allegations and calls for a second inquiry into the matter, pointing out that the magisterial inquiry did not deal specifically with the alleged murder. The police issue a statement later that day pointing out that it had not been informed of the allegations made by Azzopardi and that it had full faith in the magisterial inquiry.

April 28: The Times reports both Prime Minister Lawrence Gonzi and Justice Minister Carmelo Mifsud Bonnici, saying they would rather await the outcome of the magisterial inquiry before ordering an internal investigation. In its evening news bulletin, PBS reports police sources saying that CCTV footage shows Azzopardi walking unaided in the depot yard close to the bastions, shortly before the time of his fall. The same sources also speak of the existence of records showing the victim was admitted to hospital twice complaining of chest pains. The second time closely followed the first, early in the morning on April 9, pointing out that medics would have realised Azzopardi had been beaten during this time, as he alleged.

April 29: The government orders a separate inquiry shortly before the victim's father Joe and brother Reno give a press conference at Malta Today's offices. The family releases a short video clip of Azzopardi on his deathbed saying he had been badly beaten at the police headquarters. Shortly after the announcement of the second inquiry, the Chamber of Advocates calls on the government to clarify why it felt the need to appoint a second probe before the first inquiry was concluded. The justice minister insists he had faith in the inquiring magistrate but wanted to ensure no stone was left unturned in this investigation.

May 1: The Times reports police sources claiming that a policeman was slightly injured trying "to save Nicholas Azzopardi from jumping off a wall", giving the story a whole new twist.