The family of a man who died in police custody last year are demanding compensation, claiming the state caused his death.

Richmond Tong, a 35-year-old from Mtarfa, died after he was found suffering from a seizure in his cell at police headquarters on June 24, 2020 at 3.40am.

He had been arrested a few hours earlier on suspicion of cocaine possession.

In a judicial letter filed through the courts last month, Tong’s mother and relatives are calling on the home affairs minister, the police commissioner, and the state advocate to settle compensation.  

The family claim that Tong’s death happened as a “direct result’ of police officials’ conduct adding that it was “a lack of diligence, prudence or thought” that saw officials fail to give Tong the necessary medical treatment on the night of his death. 

One high-ranking police source said that the family’s call for compensation came after a development in an ongoing inquiry into the death which appears to back up their claims that his death could have been prevented.

The development, believed to be in the form of credible testimony, came from a reliable witness, the source said.

Replying to questions, a Home Affairs Ministry spokesperson said the government would wait for an ongoing inquiry to be concluded before deciding on the way forward. 

In a statement released after Tong’s death, the police had said that he died despite being given immediate first aid on site from a medical team.

After his death, a magisterial inquiry was launched to establish what happened.

A toxicology report has been requested to find out if Tong was under the influence of drugs when he died.

Tong’s mother Monica, his brother Ian and sister Maryjo last year filed an application before Magistrate Josette Demicoli, who is holding the inquiry into his death. However, their request for access to documents exhibited in the inquiry proceedings and information from police about the incident has not been granted.

The family have also filed a constitutional case, currently ongoing, claiming breach of human rights after access to the inquest into the death was denied.

At the time, the Nationalist Party had called for an independent inquiry into the arrested man’s death, including its causes, whether it could have been prevented, and who was responsible for precautions to safeguard the man’s health. The party also asked if all laws and protocols had been observed.

'Visual check of detainees'

The police insist that the usual protocol to follow for detainees is for a “visual check” to be carried out for “any injuries and the state of mind, among others”.

The detainee is also usually asked whether they are on any medication and if they wish to see a doctor. A thorough search is done and any items that may cause injury are removed.

The Tong family are being represented by lawyer Franco Debono and Francesca Zarb.