Two soldiers and a detention service officer were yesterday charged with the involuntary homicide of a Nigerian migrant who died in 2011 shortly after being arrested.
Roderick Azzopardi, 29, from Żabbar, who was second in command at the Ħal Far detention centre on the night 29-year-old Ifeanyi Nwokoye died; Bombardier Aldo Simiana, 41, from Birkirkara and Bombardier Carmela Camilleri, 55, from Żurrieq (now a detention centre officer) denied the single charge.
The case first came to light when it emerged that Mr Nwokoye’s body had been kept in the hospital morgue for two years. Burial was only allowed last July.
A magisterial inquiry into his death was concluded in 2012 and then it was up to the Attorney General to decide whether to take any action against the officers allegedly responsible for the death.
Mr Nwokoye was arrested on April 16, 2011, alongside an Algerian man after escaping from the detention centre. Six migrants went on the run that night and the Algerian and Mr Nwokoye were apprehended some time later.
According to the prosecution, witnesses saw Mr Azzopardi punch the victim before four officers arrested him.
Four to five officers then took a handcuffed Mr Nwokoye back to the detention centre. He was carried unconscious into an isolation cell where he remained on the ground for about an hour.
When Ms Camilleri and Bdr Simiana checked on him he was found to be unconscious and died on his way to hospital after suffering from a heart attack.
Police Inspector Keith Arnaud told Magistrate Saviour Demicoli the three officers were charged with manslaughter as it resulted that the migrant did not die as a direct result of the injuries he sustained during the beating.
Mr Azzopardi was being held responsible for the alleged beating while Bdr Simiana and Ms Camilleri had to answer for failing to check whether the victim needed to see a doctor before he was placed in the isolation cell, which fell under their responsibility.
The prosecuting officer testified that he had spoken to Mr Azzopardi, who denied ever injuring Mr Nwokoye and said he had in fact stopped a colleague, whom he referred to as Testa, who was about to kick the victim.
Mr Azzopardi recounted that when he arrived on the scene where the two migrants were apprehended, he shone the bright lights of the Armed Forces of Malta Land Rover on to the area where the victim was on the ground because it was dark.
He told the police that Mr Nwokoye was resisting arrest and, as they tried to put him into a detention services van he began to claw at the ground until they had to pick him up and place him in the vehicle.
They also noticed he had a metal rod in his trousers.
They took him back to the detention centre and put him in the isolation cell as was standard procedure, the prosecuting officer said he was told by Mr Azzopardi.
The case continues.
Lawyers Steve Tonna Lowell and Veronique Dalli appeared for the accused.