The family of the 81-year-old man who died after he was thrown overboard when his 14-foot fishing boat was involved in a collision with a sailing boat in Grand Harbour last month this morning filed a judicial application against the police commission for not taking action against the yachtsman.

Joseph Gatt died on July 12 some time after the accident in hospital.

Autopsy results two days later revealed that the cause of death was “asphyxia due to drowning”.

In their judicial application, Mr Gatt’s widow Josephine Gatt Baldacchino and the couple’s children Carmen, Martin, Joseph and Isabelle said that yachtsman John Zarb sailed his yacht over Mr Gatt’s body.

The family said the incident was investigated by the police, an inquiry was opened but even though a man was killed and the police knew who had committed the manslaughter they still did not take any action against Mr Zarb, even though almost two months have passed.

They said they were corresponding with the Valletta police through their lawyer who always said they were going to file charges.

This had not been done even though they charged other people on less serious crimes immediately.

Through the judicial application, the family asked the court to order the police commissionr to take action against Mr Zarb and file charges against him, including for the manslaughter of Joseph Gatt.