Two police officers were on Monday charged in court of the involuntary homicide of a man who was under arrest as part of drug investigations after having initially been stopped for a traffic infringement.

Inspector Stacy Gatt, 28 and sergeant Karl Nikolai Vella Cassia, 35 both pleaded not guilty to the involuntary homicide of Richmond Tong, who suffered a seizure at police headquarters in June 2020. Vella Cassia was separately charged with giving false testimony during the magisterial inquiry into the death.

At the start of the compilation of evidence the court was told that Tong was  “chewing something” when he was stopped by a police patrol for a traffic violation. 

The 35-year-old Mtarfa resident was stopped just a short distance, “a one or two minute drive” from the Rabat police station, said prosecuting Inspector Daryl Borg when testifying.  

It was around 3.40am on June 24, 2020 when an officer at the Valletta police station received a call from the headquarters lock up, informing him that a man who was being held under arrest needed medical assistance. By 4am, the man was certified dead.

Mere hours before, the man, subsequently identified as Tong, had appeared to be “visibly well and lucid” when stopped by the RIU officers.

Noticing that the driver was “chewing something,” the policemen had asked him what it was but he initially did not say anything. He appeared to have swallowed something and when the officers insisted on knowing what it was, Tong pointed at a brown bag inside the car.

“Like that,” he allegedly told the officers, indicating the bag which was later found to contain cannabis.

Those officers, who later testified at the magisterial inquiry, recalled how Tong had obeyed their orders and followed their vehicle to the Rabat police station.

Parking his BMW outside, Tong went inside and answered their questions.

Asked whether Tong had been taken to a health centre, Borg said that when asked by PS Vella Cassia whether he needed medical assistance, Tong repeatedly refused.

Facing questions by defence lawyer Giannella de Marco, the witness repeated that the RIU officers had described Tong’s condition at the time as “lucid.”

“He knew what he was doing,” explained Borg, adding that some ten minutes had lapsed from the moment Tong was blocked by the police until he arrived at the Rabat police station.

After the necessary information had been recorded, the Rabat police escorted Tong to police headquarters, even for the drug found in his possession to be weighed, explained Borg.

Inspector Gatt was not present throughout the whole episode but when informed about the arrest by the Rabat police, she gave orders for Tong’s arrest since the drug allegedly found in his possession exceeded legal limits.

All the way from Rabat to Floriana, PS Vella Cassia had asked Tong if he wanted to go to the health centre and Tong repeatedly turned down the offer.

“The police driver heard those questions,” defence lawyer Giglio, pointed out. 

Inspector Borg said he could not confirm whether the questions were taken down in writing.

He said PS Vella Cassia had stayed on at Floriana lock-up so as to accompany Tong to the health centre if medical assistance were to be needed.

“Was that so?”pressed on Giglio.

“I wasn’t present,” answered Borg.

And Tong never told police what he had ingested, simply making an “indirect reference” to the cannabis-filled bag, the lawyer went on.

“The autopsy later revealed that he [Tong] had ingested other stuff that was totally different. He died of overdose but not cannabis overdose,” added Giglio.

An animated exchange ensued between Giglio and Franco Debono, the lawyer representing the victim’s family. 

“Do you have any written policy or any guidelines in such cases? It’s easy to find scapegoats,” said the defence lawyer.

“There’s no need for policy…There’s common sense and responsibility,” rebutted Debono, triggering some heated ping-pong between the two lawyers until presiding Magistrate Doreen Clarke intervened.

“Are there any criteria to guide police?”asked the magistrate.

The witness said that he was not aware of any such criteria, but added that in such circumstances he would personally accompany such person to the health centre.

“Yet the officers did not. Rather they allowed Tong to drive,” pointed out de Marco.

“Why weren’t the RIU officers charged? Why aren’t they here today?”questioned Giglio.

The prosecuting officer read from the conclusions of the magisterial inquiry by way of reply.

“But what’s the logic? The inquiring magistrate directed you to continue to investigate,” Giglio remarked.

The case continues.

Superintendent Victor Aquilina is also prosecuting.

Lawyer Giannella de Marco is counsel to Gatt.

Lawyer Joe Giglio is counsel to Vella Cassia.

Lawyer Franco Debono is representing the family.