A forensic doctor said on Wednesday that he recalled someone saying that a man held under arrest in a drugs case had been seen “swallowing something” when police arrested him in Rabat. He later told colleagues performing an autopsy to check the man's stomach well.
The doctor, Mario Scerri, was testifying in the compilation of evidence against Inspector Stacy Gatt and Sergeant Karl Nikolai Vella Cassia, who stand charged over the death of Richmond Tong in police custody in June 2020.
When proceedings resumed on Wednesday, Superintendent Victor Aquilina exhibited in court a copy of a Standard Operating Procedure (SOP) issued in February, to be followed by officers when facing situations like that concerning the death of Richmond Tong.
Tong had suffered a seizure while under arrest at the Floriana lockup, mere hours after having been arrested after police found cannabis in his car. Floriana headquarters for further investigations.
Gatt was the officer who, though not present throughout the whole episode, had issued instructions for Tong’s arrest since the drug found in his possession allegedly exceeded the legal limits. Sergeant Vella Cassia was the one who escorted Tong from Rabat to Floriana.
The court heard during a previous sitting, that Vella Cassia had waited at the lockup in case he received instructions to escort the detainee to the health centre. But mere hours later, Tong suffered a seizure in his cell and died.
The two officers are pleading not guilty to involuntary homicide.
Asked in a previous session about applicable guidelines to be followed by police in such situations, Aquilina could not recall offhand but said that all necessary precautions were to be taken to ensure the safety of those in custody.
After carrying out further checks, Aquilina took the witness stand again on Wednesday to confirm that at the time of Tong’s incident there was no SOP in place but such a document was issued by the corps on February 7 this year.
Aquilina clarified that in his previous testimony he had never said that there was no SOP but that if such guidelines existed, they did so in “circular form.”
The SOP issued in February now “spoke clearly and covered everything,” concluded the witness.
During Wedneaday's hearing, forensic doctor Mario Scerri testified about how he recalled “someone” saying at the lockup, at the time of Tong’s death, that the man had been seen “swallowing something” when police arrested him in Rabat.
Answering questions by parte civile lawyer Franco Debono, Scerri said he could not recall who said that but he confirmed that he heard those words while at the lockup in the presence of the inquiring magistrate, police and security officers.
“Those words stuck in my mind,” said Scerri.
So much so that he subsequently flagged the matter to fellow medical colleagues, highlighting the need to check the victim’s stomach “well” during the autopsy.
Scerri clarified that he had not been tasked to record testimonies but had only heard those words while at the Floriana lockup after Tong’s death.
In earlier sittings, the court heard how Tong had appeared to be “chewing something” when stopped by police.
But when asked by RIU officers, he had pointed at a brown bag, simply saying, “like that.”
That bag turned out to contain cannabis.
The case, presided over by magistrate Doreen Clarke, continues.
Superintendent Aquilina and Inspector Daryl Borg prosecuted.
Lawyers Giannella de Marco was counsel to Gatt.
Lawyer Joe Giglio was counsel to Vella Cassia.
Lawyers Franco Debono, Marion Camilleri and Francesca Zarb were parte civile.