A Nigerian migrant who died in suspicious circumstances in April 2011 has remained frozen in the morgue for two years as the authorities consider what action to take following the conclusion of a magisterial inquiry.
Ifeanyi Nwokoye, 29, died in hospital soon after he was recaptured following an escape from the Safi detention centre with six other migrants on April 16, 2011 – exactly 24 months ago.
It is not yet clear why the body has not been buried though sources say the man’s family members, who live in Nigeria, want an explanation of his death before laying him to rest.
The escape and death prompted a magisterial inquiry as well as a Government-appointed independent inquiry headed by Martin Scicluna, which were both kept under wraps.
The Times revealed last year that two soldiers dealt several blows to Mr Nwokoye before he died, according to the leaked conclusions of the independent inquiry’s unpublished report.
But sources said the inquiry was refused access to Mr Nwokoye’s autopsy, so it was unable to conclude whether the blows were excessive and had caused his death.
Another possibility could be that Mr Nwokoye died of a weak heart or some other physical predisposition – as had been reported when he died.
The Government had promised to publish the full independent inquiry once magistrate Antonio Micallef Trigona concluded his own, but the Attorney General has insisted on holding back its publication.
Last September, Attorney General Peter Grech said the magisterial inquiry was concluded but its content was still being examined to see if further questions need to be raised.
Questioned again this week, Dr Grech said the inquiry had not yet been “archived”.
“If a case is ‘archived’ that would mean that a decision was made that there is no further action to take. I don’t think I can add anything to that,” he said, adding that he had “no issue” with the burial taking place.
Head of the Emigrants Commission Fr Philip Calleja, who is following the case, said he had asked for a copy of the magisterial inquiry on behalf of the family a while ago but this was never received.
However, Dr Grech said he had “no record or recollection” about the family making such a demand.
Last year, The Times reported that a funeral planned for Malta was postponed at the last minute when it became clear to the family that the Maltese authorities could be held responsible for the man’s death. The family may demand compensation if it is determined that Mr Nwokoye’s death was caused by the soldiers.
When contacted, Home Affairs Minister Manuel Mallia said he was against delays on these matters but could not understand why the body could not be buried.
“Stopping from burying the corpse will not help in the investigation,” he said, adding that the family’s lawyer should ensure all post-mortem tests have been carried out and then release the body for burial.
The family, he said, was empowered to ask for a copy of the inquiry, against payment.
Dr Mallia, a former criminal lawyer, said he did not know enough about the case to determine whether the investigative process had taken longer than required.
“A magisterial inquiry is there to see whether a death occurred naturally or due to foul play and, if it determines foul play, it must be determined who is criminally responsible, if at all,” he said, adding that magistrates must sometimes wait for expert reports or test results from abroad.
Mr Nwokoye’s death received renewed attention last year following the alleged murder of another migrant, Malian Mamadou Kamara. Two soldiers have been accused of Mr Kamara’s murder and the court case is ongoing. A third soldier was accused of tampering with evidence.
cperegin@timesofmalta.com