Magistrate quizzed over delayed migrant death inquiry
The Attorney General has asked Magistrate Antonio Micallef Trigona to explain why he has not yet concluded an inquiry into the suspicious death of a Nigerian immigrant in April 2011.
Ifeanyi Nwokoye, 29, died in hospital soon after he was captured following an escape – an incident being likened to the death in custody last Friday/Saturday of Malian Mamadou Kamara (Zoto).
The Times yesterday reported that five detention officials “directly involved in the demise” of Mr Nwokoye, including an Armed Forces of Malta soldier, are still awaiting possible disciplinary action due to the ongoing magisterial inquiry.
The government told The Times on Monday that it would ask the Attorney General to intervene by filing an application in court demanding the conclusion of the inquiry if he deems it appropriate.
The Times has learnt that the Attorney General filed a court application on Tuesday, asking the magistrate for an explanation.
The Attorney General pointed out that according to article 550A in the Criminal Code, magistrates who did not conclude their procès-verbal within 60 days must submit a report to the Attorney General.
The report, which must continue to be submitted at the end of every following month, should detail the reasons for the delays.
Once the magisterial inquiry is concluded, the government will be able to publish the full findings of the government-launched inquiry headed by Martin Scicluna last year, a short summary of which was published last October.
The board did not have access to the autopsy, which is expected to determine the cause of Mr Nwokoye’s death, originally attributed to a heart attack.
According to the government, the board recommended steps against two AFM soldiers – one involved in Mr Nwokoye’s death and another who assaulted a Tunisian migrant who had escaped at the same time.
Both these AFM soldiers were transferred from the Detention Service shortly after the incident but remain subject to the outcome of the magisterial inquiry, the AFM told The Times yesterday.
Action was not recommended in the case of four detention officers also “involved” in the death.
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Joseph Borg
Jul 6th 2012, 00:59
Justice?!?
P Bonnici
Jul 5th 2012, 17:34
Farce and circus come to my mind!
R. Cilia
Jul 5th 2012, 14:37
'The Attorney General pointed out that according to article 550A in the Criminal Code, magistrates who did not conclude their procès-verbal within 60 days must submit a report to the Attorney General.'
So why did the Attorney General wait for a year to file a court application? Did the AG fille the application after the article was published on TOM?
Jessica Smith
Jul 5th 2012, 13:59
Delay? What about court cases that have been going on for 25, 30 years and even more?
Ms.D. Galea
Jul 5th 2012, 13:08
People waiting for a court ruling in cases of damages for loss of life or limb or damage to private property are known to have to wait for anything from FIVE YEARS to SEVERAL DECADES for justice to be done.
Dont these people deserve to have THEIR rights respected too?
Simon Ciantar
Jul 5th 2012, 12:53
Ara vera no body is equal in this country. A magistrate is being asked to explain the delay on a case of an illegal immigrant , and what about all the hundreds of magistrerial enquiries involving Maltese citizens ? I am personally involved in three cases the oldest one of which involved a hold up on our family over 12 years ago and none of them have ever been closed by the so called "enquiring Magistrate" they just shlef them and leave them there. To make things worse when an insurance claim is involved the insurance company will usually revuse to pay until the enquiry is over adding insult to injury ! So what about us citizens Mr Minister !
Justin Spiteri
Jul 5th 2012, 12:01
Delay? What delay? It's just a year and a half, pretty well within normal time-frames... by Maltese judiciary standard i mean, had it been 25 years, i'd understand the ticking off.
Mario Tabone-Vassallo
Jul 5th 2012, 11:51
Ser iwahhlu fil-magistrat, izda l-huta minn rasa tinten
Alfred Cassar
Jul 5th 2012, 11:30
Its time Magistrates all have adequate number of assistants, in failure of this who wants summary justice?
Mr Mario Gauci
Jul 5th 2012, 11:03
Why stop there? Why does he not ask why simple cases take up to 20 years or more or why does he not ask for all magistrates and judges back log to be made public and indeed if this is legal,why does he not ask that hundreds of people are asked to attend court cases at 9am all at the same time, why does he not ask about the poor condition of the public toilets in there ,why does he not insist on swift justice........ Any more anybody?
R. Balzan
Jul 5th 2012, 11:49
All the questions asked are very valid and need answer that satisfy the general public. Perhaps then we will start to understand also why there is this strong perception in Malta that the judiciary is among the most corrupt of our institutions. Third after MEPA and the politicians, in fact. Nothing to be proud of.
T Mizzi
Jul 5th 2012, 12:57
Why does one have to wait YEARS for a decision causing extreme hardship for the parties concerned and affecting credibility?
How many editiorials does The TIMES and The Sunday Times have to write?
There is NO justifiable reason for a court case to take years to be decided.
How can the judiciary expect the man in the street to observe rules -- and have the moral authority to penalise him for no doing so -- when some of their members cannot do so themselves?
When the magistrate(s) cuddles up and sleeps at night, he/she should know that there are others who cannot sink peacefuly into their sleep because of the cruelty that they are inflicting with their interminable delay.
Jay Oatmon
Jul 5th 2012, 10:43
It seems that swift justice is not a prioirty in Malta, and the court procedures are designed to assist the court officials and not inconvenience them with proper workable deadlines.
Please choose the reason of your report below: