Lieutenant Christian Vella and Lance Bombardier Marvic Peregin had been negligent in their duties and this had led to the death of Gunner Matthew Psaila, lawyer Micheal Tanti Dougall said this morning.

Dr Tanti Dougall, who is representing Gunner Psaila's family, was making his final submissions in court in the case against Lt Vella and Lance Bombardier Peregin who stand charged with Gunner Psaila's his involuntary homicide through negligence and committing a crime they were in duty bound to prevent.

Gunner Psaila died following a military exercise in Chadwick Lakes in February 2010.

Dr Tanti Dougall said there was a clear picture of what had happened on that day and that the facts spoke for themselves.

The accused were responsible for the welfare of the victim and in charge of the training exercise, he said.

Referring to the inquiring board, the lawyer said it was clear from its findings that Chris Vella was the top ranking officer followed by Marvic Peregin.

The rifle and webbing which were heavy were not used in previous exercises but the accused had chosen what was to be used.

The reconnaissance operation was amateurish as a stick was used to measure the water depth and feet were put in the water to check the temperature.

The level of the water rose and the temperature dropped due to bad weather. The temperature had in fact dropped to 5 degrees C but felt like 3 degrees C and the day was one of the coldest that year.

Everything pointed to the fact that the officials did not follow regulations, the lawyer said.

Other soldiers had also found themselves in difficulty that day and according to the Prime Minister's commissioned report into the incident, Lance Bombadier Peregin saved three lives by pulling them out of the water after they went under.

Dr Tanti Dougall said the whole case revolved around whether hypothermia could have been avoided. The accused’s negligence directly led to Gunner Psaila’s death because hypothermia could have been avoided had they done their jobs properly.

Whether or not they had enough equipment was a separate issue and had nothing to do with negligence, the lawyer said.

“Could this tragedy have been avoided? Definitely! I'm not saying this but the evidence is,” Dr Tanti Dougall said.

He said his thesis was that Gunner Psaila could swim and this was backed by evidence because he was taken to Birzebbuga and swam. But whether he could or could not was irrelevant.

Dr Tanti Dougall said that in trying to imagine how he could explain to the court what had happened to the victim, he thought of the victims of the Titanic who drowned because of hypothermia.

Gunner Psaila had been very weak and swallowed a lot of water. He also had an infection in his lungs, the lawyer said.

'NO INDIVIDUAL CAN BE HELD RESPONSIBLE FOR GUNNER'S DEATH'

Representing the accused, lawyer Joe Giglio said one had to be more clinical and less emotional.

There was no doubt that the accident was a tragic one but serenity dictated that one must not look for scapegoats or someone to blame just for the sake of closing a chapter.

A lot of emphasis, he said, was placed on the Prime Minister’s commissioned report, but the lawyer was not seeing the bigger picture and not viewing the report in its entirety.

When the report referred to the exercise planners, it was not referring to the accused but to the AFM headquarters.

And while the report laid down recommendations, it also said that “no individual could be held responsible for the death and it was a misadventure".

The board that drew up the report exonerated the accused, Dr Giglio said.

The parte civile were also looking for convictions for both men yet the inquiring Magistrates report exonerated Mr Peregin and recommended that action be taken against Mr Vella only.

In a civil suit initiated by the family against the AFM and the accused, the Attorney General said that the incident was a misadventure. Yet it was seeking a criminal reaction and a report in which responsibility was not being placed on the accused.

A court expert said that there were no standard operating procedures and that training had to be given to the accused. This was directly opposite to what the parte civile was saying.

Dr Giglio will continue his submissions at a later date.