A soldier who was meant to testify in the case of two of his superiors who stand charged with the involuntary homicide of a fellow soldier yesterday failed to turn up in court.
Gunner Darren Galea was held in contempt and fined €100 by Magistrate Audrey Demicoli after he failed to appear.
He was called to testify in the compilation of evidence against Lieutenant Christian Vella and Lance Bombardier Marvic Peregin, who stand charged with the involuntary homicide of Gunner Matthew Psaila through negligence at Chadwick Lakes earlier this year.
Gunner Psaila died in the early hours of February 16 after succumbing to injuries he sustained three days earlier during a training exercise at Chadwick Lakes with the army's C (Special Duties) Company.
The only witness to testify during yesterday's proceedings was the Chief Meteorological Officer at the airport, Charles Galdies, who said the air temperature at Luqa on the day of the training exercise was 5°C. The highest temperature that day was 10°C. It had rained and hailed and there was a moderate to strong wind.
Although the temperature was 5°C the feel factor was around 3°C due to the wind, Mr Galdies said. He added that the day before the training exercise there had been a thunderstorm and it had also hailed.
When asked by lawyer Michael Tanti-Dougall whether such low temperatures were normal for that time of year, Mr Galdies said he could not answer as he would need to view the statistics but the lowest temperature recorded was the day after the exercise.
Testifying at a previous sitting, Gunner Lindsay Borg Magro, who formed part of the exercise, said she could remember the water being icy cold.
Police Inspector Joseph Agius, who is conducting the prosecution, said the soldier wading in the water right next to Gunner Psaila was the first to get hypothermia and was moved to high ground.
Moments later, another three soldiers became hypothermic in the "unbearably cold water" at Chadwick Lakes that day.
The case continues.
Lawyers Stephen Tonna Lowell appeared for the accused.
Lawyers Emmanuel Mallia and Arthur Azzopardi appeared parte civile together with Dr Tanti-Dougall.