One man, many names
Confusion may not be an issue
Muhammed, Mamadou and Zoto.
He was Muhammed to the authorities, Mamadou to his mother and Zoto to his friends.
The death of 32-year-old Malian Mamadou Kamara on Friday night led the police to swiftly charge two soldiers with his murder.
Family members and close friends insisted his name was Mamadou Kamara. However, the charge sheet presented in court listed him as Muhammed Abdalla.
Could confusion over the name lead to the prosecution’s case being dismissed due to a charge sheet error?
Charge sheet incongruities have led to two high-profile cases being dismissed over the past year. In one case, a mistake in venue of the crime led to the acquittal of disgraced priest Godwin Scerri for sexual abuse.
More recently, a charge sheet listing the wrong date and time led to three policemen and a bouncer being cleared of beating a student in Paceville.
“It’s a tricky one,” admitted criminal lawyer Stefano Filletti. “A charge sheet needs to be extremely precise if it is to be valid. The charge (murder) is very clear and the fact that the police have Mr Kamara’s corpse means that the confusion over his name may not be an issue.”
“But it all depends on how important the court decides the victim’s identity is to the case,” Dr Filletti added.
Fellow lawyer Patrick Valentino was less concerned about the issue, arguing that any eventual witnesses could confirm that Mr Kamara and Mr Abdalla were one and the same through the simple use of a photo. According to Dr Valentino, “the victim will have been registered and photographed by the authorities upon his arrival in Malta, so confirming his identity should not be a problem”.
Attorney General Peter Grech mentioned one such registering system, the EU-wide Eurodac, which allowed governments to compare different asylum seekers’ fingerprints.
He noted that the incongruity in names was not unusual in cases concerning migrants.
“Courts often come across such situations. It isn’t out of the norm for a migrant to be known by multiple names,” Dr Grech said.
He calmed concerns about Mr Kamara’s multiple names. “If the prosecuting team realises that the victim was known by more than one name, they may choose to amend the charge sheet to reflect that.”
23 Comments
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Charles Grixti
Jul 5th 2012, 22:38
"It isn’t out of the norm for a migrant to be known by multiple names,” Dr Grech said."
Glad to see that the same modus operandi is world-wide.
The many names syndrome is very common with these type of immigrants. My friend works in a large city abroad who handles many 'immigrant' cases and the staff have a very hard time keeping track of who is who and related to whom. To make matters worse, the children of certain groups do not have the last names of either their father or their mother and the have only about 4 first names, that come up all the time. To question or ask for clarification is 'racists', so anyone who needs their job just lets it go. These people must think we are idiots in the West. Oh how they must laugh at us behind our backs. Can't think of how many welfare cheques go out to the same persons under their different aliases.
Ms.D. Galea
Jul 4th 2012, 18:16
Arent people arriving irregularly in Malta finger-printed?
Finger prints are a lot more reliable in identifying a person then pohotographs of what Tom, Dick or Harry may chose to say on the issue..
P Bonnici
Jul 4th 2012, 18:01
This shows that illegal immigrants lie to the authorities to remain in the country. If he lied about his name, how much did he lie about his persecution in his country.
How many illegal immigrants or other immigrants granted asylum in Malta are wondering round with false names?
Joseph Mizzi
Jul 4th 2012, 16:25
What happened to the "sive" or "aka" (also known as) on charge sheets? This used to be the procedure to apply when a person is known by a different name or nickname. It's easy and safe.
In addition to this, it won't be a problem for the prosecution to amend the charge sheet any time in the future: there is no fear that a murder case is going to be barred by prescription.
Susan Cassar
Jul 4th 2012, 15:08
This time they shall not escape Justice!
Martin Cassar
Jul 4th 2012, 12:58
FB is right all the way, the the Judicial system needs drastic review.
Should we dismiss Jesus too?
Have a look at the many Names Of Jesus Christ Through Out The Bible From A - Z and draw your own conclusion!
https://www.pillaroftruthministries.com/namesofjesus.html
omar ali
Jul 4th 2012, 12:51
some one has died and you toking about names shame
Ann Welch
Jul 4th 2012, 14:50
I agree with you on this one....... a man died.......thats the issue...not the amount of names he had.....
Maria Cronshaw
Jul 5th 2012, 23:19
Quite right!
Anthony Arpa
Jul 4th 2012, 12:10
Dear Luis Vella ,
You are right no on many of the illigal imigrants the awtorities don't have the realdetails/ information about them .... then we are in the European Union and every time we go on a european countrie to pass airports they make put of all our things off like belts ,shoes,Jackets ect ect ... Only these illigal emigrant are allowed to enter other countries illigaly with anyone checking them of trying to stop them enter other countries teritories ...
M. Schembri
Jul 4th 2012, 12:04
Not a mistake in the charge sheet again. This farce is going too far, 3rd high profile case and who knows how many others. There is only one corpse, it's him. Full stop.
Maria Cronshaw
Jul 5th 2012, 23:20
Well said
Louise Vella
Jul 4th 2012, 11:01
The issue is that we are not even sure of these people's names. How can we know their history, their country or region of origin and what they may have done or not done?
victor bonello
Jul 4th 2012, 14:31
spot on.. for all we know we might be harbouring fugitives from the law...
john vernon
Jul 4th 2012, 16:05
exactamundo <louise so many names for what reasons ????
GL Calleja
Jul 4th 2012, 16:13
I don't think any of these illegal immigrants have any documents with them when they enter our country. They always use that excuse but who knows where they come from and who and what they are from where they came from? Some of these illegal immigrants could be most of the nicest people on earth, on the other hand they could be murderers, thieves, pedophiles, drug dealers and so on and so forth. And yet we are forced to welcome all of them to our island, and we are obligated to feed them, clothe them, house them and even being force to integrate when most of us don't want to. Where are our Human Rights in all this? .
Joe Xuereb
Jul 4th 2012, 10:51
Why don't the Authorities ask the mother of Mr. Kamara's child for his passport? That should clear up the matter concerning his name.
People, even in Malta, often have nicknames but ultimately, it is the birth certificate that shows the name given at birth. In Malta, issue of birth certificates and passports when one needs to travel is the usual procedure. Maybe they do things differently in Mali, etc. etc. etc. This is what is meant by 'alien cultures'. And nothing racist in saying that. Just different. If it works for them, that is their business. But integration with 'alien cultures', that is a different matter altogether. People are wired to look askance at people who are too diverse to them and this is a fact. Period!
Nicknames are common everywhere, but there are instances where multiple names are meant to confuse others, so there is an agenda. It could also indicate loss of, or confusion about, one's identity. Mental illness and being on the run from the Authorities also contribute greatly to distorted thinking and behaviour. Often with tragic outcomes.
Violence is never justified but restraining an individual who is wanted is reasonable and to be expected. The more the escapee resists his capture the greater the risk of matters getting horribly out of hand and sometimes, with tragic results as in this case.
thomas dimech
Jul 4th 2012, 15:07
@Joe Xuereb
never heard of an illegal immigrant landing in malta with his passport in his possession. otherwise he wont be illegal
O. Grixti
Jul 4th 2012, 10:35
off course these people should be fingureprinted and they should be checked with all availble databases.Apart they dont have identity or history, they dont even give their proper name,how on earth they can verify their origion and be sent back. Of course they be aggressive with our law,police or soldier, a person escaping is able to do anything not to get cauth. And after 18month they are free of detention.
fred sammut
Jul 4th 2012, 09:27
Ghalkemm ma naqbilx ma swat... dawn in nies qed jahbu l identita taghhom ghax kieku haqqhom joghqodu hawn jigu b wicchom minn quddiem u mhuxx elf isem...... Skuzawni imma jien nehodhom lura minn fejn gew.
am i right.
Reinhard Azzopardi
Jul 4th 2012, 09:35
I think you are. Ma nittollera l-ebda tip ta swat pero nahseb kulhadd ghandu limitu. Mela isem falz, ilu mahrub tlett snin, attakka, gidem, x'ma ghamilx.
Jay Oatmon
Jul 4th 2012, 09:19
The only reason to have several names is to hide your true identity for criminal purposes or to avoid debts or prosecution etc.
This guy obviously was not as 'pure as the driven snow' in my view.
P. Attard
Jul 4th 2012, 09:16
Yes, I quite agree; one man many names and many men many names and different identities too. How on earth can we believe they are telling the truth about their identities and nationality once they force their way to our shores?
Please choose the reason of your report below: