Death of Nicholas Azzopardi
Second inquiry exonerates police
An inquiry led by Judge Albert Manché has confirmed the findings of a magisterial inquiry that the police were not responsible for the death of Nicholas Azzopardi, 38, following a three-storey fall at the back of the police headquarters in Floriana on April 9, a spokesman for Justice and Home Affairs Ministry said yesterday.
Mr Azzopardi sustained grievous injuries which led to his death on April 22. Shortly before passing away, Mr Azzopardi claimed he had been beaten by the police during interrogation and dumped over a wall.
The inquiry by Judge Manché was ordered by the Home Affairs Ministry. It was meant to issue recommendations if certain shortcomings in the way the police operate were highlighted. But since none were identified, no recommendations were made.
A inquiry last week led by Magistrate Anthony Vella established that Mr Azzopardi had jumped over the wall, and a policeman had actually tried to stop him.
"At no point do the allegations made by Azzopardi feature," according to the procès-verbal by Magistrate Vella.
When he regained consciousness on April 18, Mr Azzopardi told his family and friends that he had been taunted and beaten in the lock-up by two policemen. He admitted that he retaliated against one of the interrogators, crushing him against the lock-up's metal door.
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Frank Portelli 2BFRANK
Aug 24th 2008, 23:02
"Am I my Brothers Keeper?"
This haunting question has been posed to all humanity since time immemorial in Genesis.
We each answer it in our own way.
Dr Frank Portelli MD FRCS(Ed)
( Letters after my name to avoid confusion with my namesakes such as Dr Frank Portelli LLD Court Registrar )
J Farrugia
Aug 23rd 2008, 10:56
To Dr Portelli stick to your line of business. To the usual Franco farrugia stop being cynical. You know absolutely nothing at all. What if that policeman who was pushed was your brother, your father, eh? This matter has now been taken to ridicule. Two experts have given their verdict, case closed. You see, when we were young and used to see a film where the villain is punished and the good man triumphs we used to clap our hands in joy. That should be the same in real life.
Andrew Borg-Cardona
Aug 23rd 2008, 08:31
Obviously, the only people who REALLY know what happened are very few. For the rest of us, the evidence has to speak and someone, in this case 2 professionals, have heard what the evidence said and formed concurring, seperate opinions: case closed.
I, for one, am happy to rely on the findings: will the so-called journalists who made a media circus out of this, and who up to a couple of days ago were still making snide remarks about some of the people involved, now accept the situation? Or will they find some other way to carry on with their conspiracy-theorising?
Joseph Vassallo
Aug 22nd 2008, 19:52
@Mr Farrugia... I'm sorry that you perceive my comments as an attack against you; it is certainly not my intention to do so, far from it. I said that "In the absence of evidence to the contrary" because your comment was sharp and swift. Like you, I tend to be rather cynical also and have time and again had to take stock of personal opinions that may have been reached too quickly, unfounded or debatable.
Let me assure you that I would never try to stifle someone's opinion (rather the opposite in fact) and if you feel in any way offended, I offer you my sincere apologies.
Having said that, your earlier comments did not carry an explanation of why you feel distrustful, i.e that these were cover-up enquiries not worthy of being believed (at least that's my perception of your comment). I welcome any criticism of my argument and certainly would not consider that you are attacking me just because you don't agree with what I wrote.
You ask what evidence was produced at the inquests. Everything that was available, judging by what I heard and read from the media, including recorded footage. Do you other information?
Franco Farrugia
Aug 22nd 2008, 19:17
@ Mr Joseph Vassallo - First of all, I am not attacking you; I am merely questioning your reasoning. Certainly I can attack you if I choose to do so, as you have chosen so to do, but anyway.
I am an intelligent person and therefore, yes, I question. The way things are around us in today's world, nothing is sacred any longer, and thus, indeed, I question everything and everyone.
With regard to the two inquests, what evidence was produced? Just affirmations coming from members of the Police Corps?
In no way do I wish to put the Corps in a bad light - on the contrary, I want to ascertain that the said Corps comes out clean on this AND IS SEEN TO EVERYONE'S SATISFACTION that in fact it is clean.
Alfred Farrugia
Aug 22nd 2008, 17:02
With all due respect to the Judge, I am a little surprised that no recommendations were made in this particular case. Is it not possible for the yard at the back of the Police Headquarters to be fenced off so that no one will have the opportunity to jump over the wall? Is it not possible for a very strong criminal to throw a young less strong policeman over the wall in the future? I would have thought that this was one lesson that could be learnt from this unfortunate incident, to avoid any repetitions.
Joseph Vassallo
Aug 22nd 2008, 15:34
@Dr Frank Portelli MD FRCS(Ed) One policeman was injured trying to stop him from jumping.
There are many ways that a prisoner can injure himself if he is intent on doing so and police can only, generally speaking, supervise with frequent vists or peering into the holding cell to try and make sure that "at risk" prisoners don't harm themselves. Nevertheless, prisoners do manage to harm themselves as we all know, not only in Malta but also in other countries where procedures are even more strict than they are here. Perhaps the analogy of "you can lead the horse to water but you can't make it drink" is applicable in such situations. I'm confident that potentially dangerous items (e.g. belts, keys, sharp instruments) are taken from prisoners before confinement. I'm sure that in similar circumstances, the next prisoner taken out into the yard will be handcuffed to an escorting officer. A lesson learned too late.... perhaps.
wally vella-zarb
Aug 22nd 2008, 14:07
Is it not more sensible to accept the findings of two respected gentlemen who had access to the evidence and were in a position to evaluate it professionally, rather than to come to a conclusion based on hunches, myths and instinct, and then trying to find reasons to support that conclusion?
I, for one, think that it is.
David Buttigieg
Aug 22nd 2008, 13:36
"But people do NOT lie on their death-bed!!!! "
1. Says who?
2. He didn't know he was in fact on his deathbed at the time!
Joseph Vassallo
Aug 22nd 2008, 13:36
@ Franco Farrugia... In the absence of evidence to the contrary, my answer to youis in the affirmative. What evidence do you have that purports to contradict that of the two enquiries? That question is meant to be rhetorical, by the way, because the only hypothetical alternative that would satisfy you would be an enquiry handled exclusively by your goodself, on your own terms and conditions without the imposition of rules and regulations that the completed enquiries were subject to. How many would agree with your hypothetical findings however and how many would not?
I do believe that one has to question one's own cynicism at some point.
Frank Portelli 2BFRANK
Aug 22nd 2008, 13:07
I cannot agree with the statement that the police were not responsible for the death of Nicholas Azzopardi.
Nicholas Azzopardi was in police Custody
Custody in my book means care , safekeeping, supervision, protection.
When the police hold someone in Custody - they are responsible for his / her well being during the period in which that person is held in Custody.
This means that the police have to ensure that the person held comes to no harm - not even self harm.
Dr Frank Portelli MD FRCS(Ed)
Franco Farrugia
Aug 22nd 2008, 12:49
'We laymen, should leave the answers to those whose mission it was to discover the facts.'
'we have two enquiries by a respected Magistrate and a respecgted Judge. What else do we need?'
And we expect blindly? Automatically? But I suppose it suits us.
Joseph Vassallo
Aug 22nd 2008, 12:00
I accept without question the findings of both enquiries. But it shouldn't end there, surely.
Without the deceased present, is it still possible to establish whether the child was making a truthful accusation as opposed to being coached into making a false one against her father? Will the police still try to evaluate the evidence of his accuser/s?
In thinking out loud, I can only imagine that the deceased would have been equally distressed by the accusation whether it was false or truthful. In such a frame of mind, it is conceivable that he would have perceived certain futility in defending himself against his accuser/s and suicide might have seemed an easy way out, that would save him and his daughter the trauma of being interrogated.
Having been unconscious for some considerable time, can his perception of reality ., (perhaps coloured by underlying fear of a situation he did not fully understand) be relied upon?
We laymen, should leave the answers to those whose mission it was to discover the facts. Notwithstanding, it would be in everybody's interest (including the public) to either clear the deceased's name or confirm that there is no indication that the accusation was false.
Johann Mifsud
Aug 22nd 2008, 11:34
Maybe he just wanted to hide what he really did and as E Gatt stated he was preparing his defence just in case he would be arraingned in court. Probably the police had enough evidence to arraign him.
wally vella-zarb
Aug 22nd 2008, 10:52
"But people do NOT lie on their death-bed!!!! "
May one be so bold as to ask for a reference to a scientific publication that conclusively validates this assertion?
Until then, it must remain what it has always been - a myth!
E Gatt
Aug 22nd 2008, 10:50
But his death came as a surprise nobody was expecting it. So can anyone say that Azzopardi was talking on his death-bed? So could it be that he was thinking of his defence in the case of any eventual prosecution? I don't like to gossip, especially on the deceased but this specualtion has been going for a long time now and now we have two enquiries by a respected Magistrate and a respecgted Judge. What else do we need?
Franco Farrugia
Aug 22nd 2008, 09:34
So, did this poor man say untruths on his death-bed???
But people do NOT lie on their death-bed!!!!
So, ... was he hallucinating?