AFM soldiers accused of migrant's murder - government launches inquiry
Two soldiers were this evening accused of the the murder of a migrant in a Detention Service van early yesterday, while a third was accused of perverting the course of justice.
Meanwhile, the Office of the Prime Minister this evening announced an inquiry into detention services following the migrant's death.
Sergeant Mark Anthony Dimech 44 of Gzira and Gunner Clive Cuschieri, 29 of Paola were accused of the murder of Abdalla Mohammed, 32, seriously injuring him and committing a crime they were duty bound to prevent.
Lance Corporal Gordon Pickard, 35 of Zabbar was accused of perverting the course of justice and committing a crime he was duty bound to prevent.
All pleaded not guilty.
In submissions for bail, Dr Franco Debono representing Cuschieri (with Rachel and Sarah Tua) said the charge of voluntary homicide was excessive and in the worst case scenario it should be involuntary homicide. He said this was not a case of one extreme to another since in the past there were more serious cases where officers shot at migrants and were not arraigned. He said one had to keep in mind the character of all involved. The accused were soldiers who had gone out to work. They were family men while the accused had escaped for three years and had clashes with other people in detention.
Dr Edward Gatt for Dimech said this was a case where the police had to satisfy the 'thirst of the media'.
Dr Mark Busuttil, representing Pickard, said his client just happened to the van when this case happened.
Prosecutor Inspector Keith Arnoud said the police were not anyone's puppets and did not act according to what was in the media. The police had spent 17 hours investigating the case and had not looked at what the media said. Five persons were investigated but only three had been arraigned, according to available evidence.
All were remanded in custody.
The arraignment was made in a hall full of relatives, many of them weepeing. The two soldiers accused of murder also burst into tears.
Earlier in the afternoon, the UNHCR called for a review of Malta's detention policy.
In the morning Opposition leader Joseph Muscat called for an inquiry into the management of migrants and said responsibility must be borne for what happened in the early hours of yesterday.
GOVERNMENT STATEMENT
In its statement this evening, the Office of the Prime Minister said that following the death of Abdalla Mohammed, 32, it had prudently not commented until investigations were made.
Now that three persons had been arraigned, it wanted to declare that:
While one should respect the principle that all were innocent until proven guilty, the government reiterated its belief and commitment to the respect for the dignity and fundamental rights of all people, which rights had to be safeguarded at all times.
The OPM expressed concern about racist elements in the country and said these did not represent the country's values.
In announcing the inquiry, the Office said the inquiry would look into the circumstances of this case in the context also of recommendations in previous inquiries.
Prime Minister Lawrence Gonzi expressed his sorrow over what had happened.
A person who had come to Malta seeking a better life had met a tragic death.
"Let us all renew out commitment to the values of life in all circumstances, even when the choices are not easy," Dr Gonzi said.
The Labour Party welcomed the holding of the inquiry and said it should be transparent and cover every aspect of the management of closed and open migrants' centres.
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36 Comments
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Carmel Vella
Jul 3rd 2012, 00:10
Since when are SOLDIERS to be used in tasks usually assigned to POLICE? And , IF WE HAD NONE OF THESE AFRICAN INVADERS HERE ON OUR ISLAND, THIS WOULD NOT HAVE HAPPENED.
Ian Ellul
Jul 2nd 2012, 18:34
It is amazing how many are ready to throw the first stone knowing no detail whatsoever of this sorry event! To those who are so quick to fire from the hip and accuse our boys without having heard exactly what transpired while most of you were snug in bed or having a leisurely beer in the summer breeze, I just hope no relatives of yours would ever depend on the kind of public sympathy having been expressed here, indeed pumped up by those like the Jesuits and bella compagnia who also came out all guns blazing in true Christian charitable manner! I hope the truth is revealed and that true justice is served because seeing how the political parties and NGOs have so shamedly positioned themselves for political gains, a fair hearing is becoming to seem highly unlikely!
m'anne portelli
Jul 2nd 2012, 13:12
No one has a right to judge these soldiers who were asked to intervene in this situation Off course they never meant to hurt anyone
They are the same AFM who risk their lives trying to save these people from sea so please stop trying to be arbitrators
We weren't there and we weren't attacked
Cynthia Casha
Jul 3rd 2012, 14:14
no one has the right to judge but NO ONE has the right to kill either!!! i Have family in the AFM , these soldiers are trained to deal with these situations, there are ways and means to restrain a person and beating the life out of him is not one of them !!!
Joseph Vassallo, (Bugibba)
Jul 2nd 2012, 10:54
@ Mary Pace:
You stated, "They have done wrong...". Come, come now... let us not jump to conclusions.
How do you know that? Despite your obvious good intentions, assumptions like yours deserve a great deal of thought and knowledge.
I mean, how do you know that Mr Abdallah Mohammed did not die while being subdued? Many things can happen when someone is being subdued including death especially when the subject remains violently recalcitrant.
Consider the difference between
(1) Someone who bites a person and lets go, and
(2) Someone who bites and refuses to release his victim.
Which one applies in this incident?
In the first example, the aggression would have ended and no further force is necessary, whereas in the second example, the aggression is ongoing and it is ESSENTIAL to terminate that aggression by further use of force. My own reaction in such circumstances would probably be to deal a knockout punch to the head or neck of the aggressor, notwithstanding the risk of causing concussion that could lead to further complications. Are ALL law-enforcers (and specifically the accused) trained to do this with least possible injury? I think "probably not".
I am imagining that the prisoner was not cuffed at the time and it should be a matter of procedure that all persons taken into custody are cuffed both for the safety of the arresting officers and for the safety of the prisoners themselves. This instruction can be given at the stroke of a pen and will be of all-round benefit.
At the risk of being considered presumptuous and/or imprudent, in my humble opinion, the most likely scenario is that there was no bad or premeditated intent and that this resultant death of the fugitive was accidental. (Why would there be bad intent, considering the accused deal with dissatisfied immigrants day-in day-out?)
Luckily, we have trustworthy institutions that can investigate and determine what happened and the only problem I see is the pre-conceived populist idea that because the accused are soldiers or policemen, they are automatically guilty of exceeding the needs of the situation.
Just my tuppence worth, if anyone is interested.
victor bonello
Jul 2nd 2012, 10:50
I cannot understand why people are so ready to judge. I completely disagree with the Political parties getting involved, this will only bare weight against the accused. They have already been judged and condemned.
I do not think these lads have it easy with migrants.
Not all migrants are bad, or aggressive but they are all well trained as to their rights.
I have had close encounters with some, and might confirm they are not the easiest people to deal with.
There is a perception these people are abused or taken advantage of, but from I experience it is in most cases the contrary.
The soldiers do not have an easy task to control these people. They are outnumbered and with the heat we all become a little more nervous.
The deceased seemed to have have not been the quietest of the lot. He had a track record of violence. He was a fugitive, and had he committed a crime that we got to know how, I am sure some of us would have been up in arms asking what the soldiers and police were doing in the meantime.
Whilst we are all being holier then thou, we need to think better before passing judgement.
Yes all my solidarity is with all the soldiers/police stationed to look after these illegal immigrants.
Mr Andrew Camilleri
Jul 2nd 2012, 12:37
Stop making excuses! If the soldiers beat this guy to death, they deserve the hardest punishment. He was in their care and custody -they should have been taking care of him.
Mr ALBERT LEONE GANADO
Jul 2nd 2012, 18:23
I agree with you that we must not judge and must leave judging to the courts and our competent judges. But at the same time let us not cast aspersions on the victim who died a death worse than that I would want for a rabid dog. If he was a fugitive from our detention laws it is to the credit of Mr Adballa that he never ran foul of the law in years on the run and was arrested whilst seeking medical help . I only hope that this case be tried in the shortest possible time by direttissima as the Italians say. What we all want is for real justice to triumph and justice is measured on scales which weigh and punish crimes the same way whether the victim is rich or poor or whether the victim is a Maltese citizens or illegal immigrant .
Franco Attard Trevisan
Jul 2nd 2012, 10:27
hope justice is served...
charles fenech
Jul 2nd 2012, 10:07
IF found guilty, I would send them in jail and throw away the keys!
JOE scerri
Jul 2nd 2012, 09:52
The Job of a soldier, in this case, was to restrain and protect at the sane time, as the deceased person was in his CUSTODY..........
James Dewar
Jul 2nd 2012, 10:20
Joe, Spot on. Your comment can not be disputed.
Lawrence Fenech
Jul 2nd 2012, 09:47
Perverting the course of justice is the worse crime.
Godfrey Grima
Jul 2nd 2012, 09:09
Justice has to be done indeed. But let us support our boys in fatigues. Only they know what they have to endure for many long duty hours in an enviornment that not all of us can or are willing to work in day in day out. I am in no way condoning this sad event. However our boys are humans too doing an unenviable job to support their families. Perhaps this could well be the culmination of many years of being too good and too tolerant with our "guests" for fear of being politically incorrect. Racism can also be the other way round. And I can see that happening.
A Spiteri
Jul 2nd 2012, 08:10
and finally the liberals have somebody to lynch!
solidarity with the soldiers involved...as after all they were doing their job.
M.Dolores Vassallo
Jul 2nd 2012, 09:28
Totaly agree with you. They became in trouble while doing thier duty.
Martin Bonello
Jul 2nd 2012, 09:50
Their job??? Beating people to death??? Some perspective here please....
James Dewar
Jul 2nd 2012, 10:18
Perhaps a bit hasty with the solidarity sentiment. Yes they were doing there job but in doing so it was expected that at the conclusion of their tour of duty the fugitive would still be alive. It is wrong to speculate either way whilst an enquiry is ongoing but whatever has taken place must be investigated fully and those found to be responsible dealt with appropriately. Any death is to be regretted but a death in custody where the deceased is in the care and protection of the authorities is even more regrettable.
Cynthia Casha
Jul 3rd 2012, 14:52
Doing their job, faqawlu l-intern bid daqqiet?? ma indahkux ta,, mela meta inqatel kelb ghamilna hafna ghageb u solidarity walks, u ghax zewg min nies , suldati li huma suppost huma imharga kif ghandhom igibu ruhom f'sitwazzjonijiet bhal dawn..... ehhh imma dawk imsieken hux !!! there are ways and means to restrain a person and not beat the life out of them... jiddispjecini imma i dont feel any compassion for the attackers.
Mary Pace
Jul 2nd 2012, 08:10
Yes let us see fair justice I hope I will never be in the shoes of these soldiers who have to face I know not what., and what and how I would react if one of my family or friends were to be bitten by a person whom I do not know what ailment he suffers from. I pray for the families of those accused in this case the victim was not living in detention centre(and if he did not escape probably he would have been repatriated as Mali is not at war) and as far as I know was not picked up at random and beaten that would be murder. They have done wrong but one has to see the circumstances and the psychological emotions at that moment. And please politicians let us not mix this event with that of Nicholas or of the guy who was found dead in his prison cell.
James Dewar
Jul 2nd 2012, 10:26
Mary, Thank God you are not the investigating magistrate or judge! Your comments obviously stem from the heart as opposed to the head and from the outset give a clearly biased view. That hardly squares with "fair justice". There must be total impartiality with judgement based upon a clear, honest and detailed account of what took place to ensure a fair disposal.
Cynthia Casha
Jul 3rd 2012, 14:37
Int bis serjeta?? praying for the accused?? who is going to pray for the two month old baby that was left without a father?? Fuq Tqil qed nitkelmu ta mhux fuq karawett !!! basta kolna qdusijja!! u tnjen min nies isawtu lil bniedem li ma kienx mentalment f'siktu sakemm faqawlu l-intern u il parti tieghu bid daqqiet... ,, hemm ok hux !
Imaginaw bil kontra,, li kien Malti mahrub, u inqabad go art barranijja u sawtu sakemm miet!!! nahseb l=-istorja tkun differnti hemm hux!!!
Wenzu Vella
Jul 2nd 2012, 07:56
While law enforcement personnel should be diligent to uphold the law that they have been entrusted with. The same thing must be said about the behaviour of the person/s that is being apprehended too. The deceased had a problematic history with the authorities of not complying with the common law of the country.
marco debono
Jul 2nd 2012, 06:28
May Justice be done!
Louise Vella
Jul 2nd 2012, 06:19
The Armed Forces of Malta are an efficient, well-trained and well-equipped corps which is rightly proud of its history and abilities. They are paid by Maltese citizens and taxpayers to defend Malta. Instead, Gonzi has reduced them to carriers of African illegal immigrants and unwilling servants of smugglers of human beings. On top of it all Gonzi finds the first possible opportunity to push their face in the mud.
Carmel Vella
Jul 3rd 2012, 00:09
Hear, hear.
Cynthia Casha
Jul 3rd 2012, 14:56
Since we have no wars to fight... what do you suggest we pay the soldiers for then??? physical training all day?? rehearsing for parades??
MALCOLM SEYCHELL
Jul 2nd 2012, 00:23
'The OPM expressed concern about racist elements in the country and said these did not represent the country's values.
In announcing the inquiry, the Office said the inquiry would look into the circumstances of this case in the context also of recommendations in previous inquiries.
Prime Minister Lawrence Gonzi expressed his sorrow over what had happened.
A person who had come to Malta seeking a better life had met a tragic death.
Under your x Minister, this illegal immigrant has been on the run for 3 years. Where did he sleep, How did he get his money? Who protected him?
It is your failed policies which are creating all this trouble. Malta is not racist. You are blaming people because you do not have the ...... required to solve this problem once and for all.
You cannot even keep a part y together
James Dewar
Jul 2nd 2012, 00:19
A particularly sad case for all of those involved. AFM, Police and officers involved in the detention / handling / care of detainees whether they be migrants or otherwise have a very demanding, difficult and dangerous job where, as can be seen in this case, things can go drastically wrong despite the best of intentions and objectives.
MALCOLM SEYCHELL
Jul 2nd 2012, 00:15
There cannot be justice on this case..... la prim ministru ghogbu jibda jlablab qabel beda jinstama il kas. Possibli dan avukat?
B. Cachia
Jul 1st 2012, 23:49
Let's hope the inquiry does not omit to focus also on the total failure of the Government's immigration policy, the price for which failure will have to be paid by generations of Maltese. That is what got us into this mess in the first place, we must not forget.
Jimmy Magro
Jul 1st 2012, 23:48
I propose that the inquiry should include the way the authorities receive distress calls; from where they originate, what numbers are used, what communications equipment are used, etc etc.
The audit trail must begin from the first contact with the armed forces and police.
Kenneth Galea
Jul 1st 2012, 23:21
OH thanks Prime Minister for confirming that all these illegal immigrants are coming to Malta to look for a better life. If you Prime Minister, strong pair of hands, is capable of controlling this out of control illegal immigration then perhaps the AFM soldiers would not be under so much stress.
P Bonnici
Jul 1st 2012, 23:14
Is this government inquiry going to be the same as the one carried out when Nicholas Azzopardi died following 'escape' from police custody? There are many things which remain unexplained. When shall we see someone behind bars for this crime?
Susan Cassar
Jul 1st 2012, 23:00
Let hope justice will prevail -- however soldiers in these positions should recognise that these migrants are actually paying them their wages and thus they have their actions are always duty and legally bound
osman ali
Jul 1st 2012, 20:52
lets us see fair justice!
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