Gunner Matthew Psaila's death could have been avoided, former AFM commander Maurice Calleja told court this morning.

Brig. Calleja, who had been asked by Magistrate Consuelo Scerri Herrera, who led the magisterial inquiry into gunner's death, to speak to witnesses and draw up a report on the case, said that there had been shortcomings and Gunner Psaila had not informed his superiors that he could not swim.

Gunner Psaila, 19, died last February during army training at Chadwick Lakes.

Two officers, Lieutenant Christian Vella and Lance Bombardier Marvic Peregin are being charged with the involuntary homicide of the young gunner through negligence.

Brig. Calleja told the court he had spoken to five witnesses and it seemed there were shortcomings.

The most major ones were that no reconnaissance was carried out before the training session and the water's depth was not measured.

On the other hand, when asked if there was anyone who could not swim, Gunner Psaila had not said anything.

Brig. Calleja said there should have been a clear and detailed briefing before the training as well as enough assistance and clear orders in case of an emergency.

Nobody had tested the tunnel where the gunner died and there should have been an instructor in front and behind each section.

There were no life jackets in the C Company and by the time Gunner Psaila was found missing it was too late.

Had Gunner Psaila notified his superiors that he could not swim, the incident might not have happened, Brig. Calleja said.

Gunner Wayne Bonello, who was Gunner Psaila's buddy during the exercise, said the group was made up of 10 people and he and Matthew were at the back. Lance Bombardier Peregin and Lt Vella were with them.

Gunner Psaila, he said, had never told him he could not swim.

He said that when they reached under the bridge, Gunner Darren Galea found himself in difficulty and everybody panicked.

"I was bobbing up and down, I couldn't find my footing... Psaila was in front of me... I started swallowing water and bobbed up and down two or three times. Finally I found a stone on which I could rest. Nobody helped me.... I had to fend for myself. At one point everybody started shouting Psaila Psaila and after a headcount I told them that I last saw him on the right."

Gunner Bonello said that the water temperature had not been measured before the training started but the soldiers were briefed on the effects of hypothermia. However, nobody told them just how cold it was.

"When our superior asked us who could not swim, Psaila never said anything. Only Gunner Galea said that he might have difficulty... We never trained in fresh water. We would usually train in Birzebbuga where we would swim in January or February as a group."

Gunner Bonello said that during the exercise, the soldiers were spurred on by Lance Bombardier Peregin but within seconds of them entering the tunnel, there was panic and Gunner Galea had to be pulled out.

He was pulled out by Lance Bombardier Peregin who looked like he was using all his strength.

"I did not see Psaila, there were some people already out and on the first headcount everybody seemed to be up. Then a second group of soldiers arrived behind us and because we were in uniform and looked the same there was some confusion. Only on the second head count, people started shouting Psaila Psaila. Peregin then jumped into the water followed closely by Vella. They pulled Matthew up and started CPR..."

The case continues.

At the beginning of the sitting, the prosecution presented a judgment in court where it was noted that Lance Bombardier Peregin had been given three years probation on June 26, 2001 for taking part in hold-up.

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