Two soldiers have been found not guilty of the involuntary homicide of Gunner Matthew Psaila in a training exercise in Chadwick Lakes.

Lt Christian Vella and Lance Bombardier Marvic Peregin were acquitted after a long trial.

Gunner Psaila had drowned under a bridge in February 2009.

COURT: INCIDENT COULD HAVE BEEN AVOIDED

Magistrate Audrey Demicoli said there was no evidence that the accused had acted negligently.

She said it was fundamental to understand that the accused were not the ones who had actually planned the exercise. They were only the persons charged to conduct the exercise by those who had planned such exercises for several years. The accued were only the supervising directing staff, tasked with ensuring that the exercise went according to plan.

The accused had taken with them all the equipment made available to them by the AFM and they had no discretion or authority to request more equipment.

Nor did they have any discretion or role with regard to the qualifications of the instructors or health and safety officers made at their disposal.

INABILITY TO SWIM

The court said it was also of the view that the incident could have been avoided had Gunner Psaila informed his superiors that he did not know how to swim.

The court also felt that the army had a duty to check that the soldiers could swim. Being able to swim should have been one of the requisites of soldiers to enrol within C Special Duties Company.

The court said it could not understand how soldiers, who were even deployed in anti-piracy operations abroad and who were expected to intervene in flood rescue operations in Malta, might not know how to swim.

The scene of the incident.

During the trial, the prosecution argued that the two soldiers  had been negligent in their duties.

Lawyer Micheal Tanti Dougall, who represented  Gunner Psaila's family, in final submissions said there was a clear picture of what had happened on that day and that the facts spoke for themselves.

The accused were responsible for the welfare of the victim and in charge of the training exercise, he said.

Referring to the inquiring board, the lawyer said it was clear from its findings that Chris Vella was the top ranking officer followed by Marvic Peregin.

The rifle and webbing which were heavy were not used in previous exercises but the accused had chosen what was to be used. The kit was carried by the soldiers into the water.

The reconnaissance operation was amateurish, to the extent that a stick was used to measure the water depth and feet were put in the water to check the temperature, Dr Tanti Dougall said.

But the level of the water rose and the temperature dropped due to bad weather. The temperature had in fact dropped to 5 degrees C but felt like 3 degrees C and the day was one of the coldest that year.

Everything pointed to the fact that the officials did not follow regulations, the lawyer said.

Other soldiers had also found themselves in difficulty that day and according to the Prime Minister's commissioned report into the incident, Lance Bombadier Peregin saved three lives by pulling them out of the water after they went under.

Defence lawyer Joe Giglio had argued that  there was no doubt that the accident was a tragic one but serenity dictated that one must not look for scapegoats or someone to blame just for the sake of closing a chapter.

A lot of emphasis, he said, was placed on the Prime Minister’s commissioned report, but the lawyer was not seeing the bigger picture and not viewing the report in its entirety.

When the report referred to the exercise planners, it was not referring to the accused but to the AFM headquarters.

And while the report laid down recommendations, it also said that “no individual could be held responsible for the death and it was a misadventure".

The board that drew up the report exonerated the accused, Dr Giglio said.

The parte civile were also looking for convictions for both men yet the inquiring Magistrates report exonerated Mr Peregin and recommended that action be taken against Mr Vella only.

In a civil suit initiated by the family against the AFM and the accused, the Attorney General said that the incident was a misadventure. 

A court expert said that there were no standard operating procedures and that training had to be given to the accused. This was directly opposite to what the parte civile was saying.

Steve Tonna Lowell also appeared for the accused.