The two soldiers charged with the involuntary homicide of Gunner Matthew Psaila during a training exercise at Chadwick Lakes last February have not been suspended from the army.
A spokesman for the Armed Forces of Malta said an army board had decided against the suspension of the two soldiers.
Lieutenant Christian Vella and Lance Bombardier Marvic Peregin are facing criminal proceedings in connection with the involuntary homicide of Gunner Psaila through negligence. They are also charged with committing a crime they were in duty bound to prevent.
The army spokesman said the board had to determine whether the two soldiers should be suspended pending the criminal proceedings they were facing.
"The board, having taken into consideration all the legal and procedural aspects in merit, recommended against the suspension of the two individuals," the spokesman said.
Another AFM soldier, Lance Bombardier Stephen Ciangura is also facing criminal proceedings for allegedly causing serious injuries to a man at Gianpula night club on the eve of Santa Marija while working there as a bouncer.
The AFM spokesman said the army had not yet been informed about the charges brought against Mr Ciangura. Once this happened, "the AFM will then be in a position to take appropriate action in the circumstances".
Gunner Psaila's death was labelled a "misadventure" by an inquiry board despite finding serious failures in the army's training structure.
The inquiry found that the safety arrangements in place were "inadequate" and pointed out that there were only three supervisory officers on the day when the "normal complement" should have been six.
Furthermore, the inquiry found that the armed forces had no standing orders that covered troop safety during training and no senior army officer connected in any way with training assumed responsibility for safety of personnel during training.
The Chadwick Lakes exercise has been a regular feature in the B III Infantry training course for the past 15 years. No significant incidents were ever reported throughout the years. The objective of the exercise was to enhance team work in wet and cold conditions. The inquiry found no fault with the exercise's objectives, however, it did point out that the Chadwick Lakes environment was one of "high risk" because of the fresh water's "lack of clarity, biological uncleanliness and varying depth, which can be up to two metres".
It took about 30 minutes for Gunner Psaila to arrive in hospital after being recovered from the water. The cause of death was multiple organ failure and water-filled lungs.
mxuereb@timesofmalta.com