Damning evidence against three soldiers and two detention centre officers emerged in court yesterday when a police officer testified they came up with an alibi once they realised that a Malian immigrant had died in their custody.

The three soldiers discussed what they were going to say in case they were questioned

If questioned about the death of 32-year-old Mamadou Kamara in custody 10 days ago, they decided to say he had “offered resistance to the very end”.

But their lie began to unravel once the investigation got into full swing, the court was told.

So far, armed forces officers Gunner Clive Cuschieri, 29, of Paola, and Sergeant Mark Anthony Dimech, 44, of Gżira, have been charged with murder, while Lance Bombardier Gordon Pickard, 35, from Żabbar is pleading not guilty to tampering with evidence.

Taking the witness stand yesterday, Police Inspector Keith Arnaud, who is leading the investigation, and Inspector Anthony Cachia gave a timeline of events based on what Mr Pickard had told them, including a description of how the victim was allegedly kicked heavily by Mr Cuschieri.

The story unfolded on Friday, June 30, after Mr Kamara turned up at the Paola health centre four years after escaping from the Safi detention centre. He was arrested and taken back into custody.

He started to cause problems at the centre and annoying residents, to the point that the authorities began receiving reports that they could not put up with him anymore.

The residents were asked to put up with him as best they could because he was due to be taken to hospital the following day.

Trouble started at 10.30 p.m. when the decision was taken to put Mr Kamara into the “isolation room”. On his way there, escorted by a plainclothes officer, he pushed the officer aside and made a dash for freedom.

He jumped over a barrier and ran away down the road, with Mr Cuschieri and Mr Dimech in hot pursuit driving the detention van.

Mr Pickard then drove after them in his own car.

At precisely 11.45 p.m. a call came in to the emergency number 112 and a woman told police that she had seen an immigrant running and looking over his shoulder and that he had taken refuge behind a blue van.

The officers in the van found him and when Mr Pickard arrived seconds later he saw Mr Dimech using his full body weight to pin Mr Kamara down, the inspectors told the court.

The man tried to get up and was managing to do so despite Mr Dimech being on top of him, but Mr Cuschieri repeatedly kicked him hard in the lower back and lower stomach, the court heard.

In his statement to the police, Mr Cuschieri admitted kicking Mr Kamara but with the intention of making him drop to the ground, Inspector Arnaud said. He also said that he was aiming for his thigh but did not know where he kicked him.

Mr Cuschieri was wearing the standard issue boots given to soldiers, which do not have a steel toe, the inspector added.

Mr Pickard ran over to stop Mr Cuschieri and said “don’t hurry” before they arrested Mr Kamara and put him into the van head first.

Mr Cuschieri decided to drive while Mr Pickard sat in a section of the van directly behind him and Mr Dimech was with Mr Kamara in the “cage” at the back of the vehicle.

At 12.10 a.m., as the van was making the two-minute journey back to the detention centre, Mr Dimech phoned the centre to say they had caught the migrant and were on their way so officers at the centre should get the handcuffs ready.

During the short journey, Mr Kamara made a half-hearted attempt at trying to escape but on arrival he had already lost consciousness and was lying down in the van, Inspector Arnaud said. They handcuffed his hands and used a second pair of cuffs to immobilise his feet, even though he was unconscious.

They then drove to the Paola health centre where he was declared dead at 12.30 a.m.

The doctor informed the police of the death at 12.38 p.m.

At the centre, the three soldiers, who were accompanied by two detention officers, then discussed what they were going to say in case they were questioned about what had happened, the inspector told the court.

They were meant to say that he offered resistance until the very end and that is what they told the police. However, after hours of interrogation it was revealed that “this was untrue”.

Although the police tried to find out who had come up with the idea, the men claimed either not to know or forget, Inspector Arnaud said.

When questioned by lawyer Mark Busuttil about the involvement of Mr Pickard, the inspector confirmed that his role was limited to participating in the alibi and not beating the victim.

Investigations are ongoing and police action has not so far been taken against the other two detention officers.

Mr Cuschieri and Mr Dimech will make their first court appearance this morning when the court will hear evidence of their alleged involvement.

The accused remain on remand in prison.