The lawyer appearing for the two Armed Forces of Malta officers charged with the death of a young gunner during a training exercise appealed for a clinical and unemotional decision.

Making the final submissions, lawyer Joe Giglio argued that the tragedy touched not only Matthew Psaila’s family but the accused too and it was a shame that it took a death to bring about reform in the AFM.

But he insisted that the central fact of the case remained that Gnr. Psaila, who died after drowning on February 13, 2010, could not swim.

The 19-year-old soldier had gone under water during the exercise, which was being carried out in very cold water at Chadwick Lakes, shortly after going through a tunnel. He had to be pulled out and given CPR. He died in hospital after two days in intensive care.

Lieutenant Christian Vella, 27, of Żabbar, and Lance Bombardier Marvic Peregin, 31, of Pembroke, stand charged with involuntary homicide and committing a crime they were in duty bound to prevent as members of the army.

Dr Giglio stressed that the victim had died because he could not swim and it was not his clients’ fault if the victim did not raise his hand when the soldiers were asked whether they had problems swimming.

He referred to the evidence of Brigadier Maurice Calleja who said that the soldier would still be alive had he been able to swim, adding: “We should not be looking for scapegoats.”

Dr Giglio cautioned against treating the case emotionally as, he said, the lawyer representing Gnr Psaila’s family, Michael Tanti Dougall, had done.

Magistrate Audrey Demicoli is expected to hand down judgment on September 25.

Gunner Matthew Psaila