A former police constable who suffered a permanent debility after being accidentally shot during a late-night simulation exercise at Baħar iċ-Ċagħaq in 2009 has been awarded €10,100 in pecuniary damages. 

Peter Paul Sammut, then a 41-year-old officer with 21 years of service in the police corps, had been summoned for the session together with fellow mobile squad colleague PC Shawn Axiaq by PS Jonathan Ransley.

A team of six officers reached the site, the derelict White Rocks Complex, at around 2am on May 1, 2009 and were instructed on how they were to assume roles of cops and criminal, simulating forced entry into premises occupied by criminals resisting arrest. The instructions were clear. 

All throughout the training session, they were to keep their finger away from the trigger guard and weapons were only to be loaded when instructed by the sergeant. 

When spotting the “adversary” each member of the team was to fake a shot by shouting out “bumm”.

But Axiaq failed to follow instructions and, at one point, pulled the trigger of his Glock weapon aimed at his colleague, Sammut, who was crouching in a dark corner. 

The weapon was loaded and Sammut was struck at close range. 

Years after that incident, he still suffers pain in his left shoulder, has reduced mobility of his left arm and reduced breathing capacity. 

The victim, who at the time of the incident had four years to go to retire from the corps, filed an action for damages against the Police Commissioner, the constable who had fired the gun and the supervising officer. 

When delivering judgment on Thursday, the First Hall, Civil Court, presided over by Mr Justice Grazio Mercieca, observed that the accident was attributable solely to the former policeman who had been negligent in handling the firearm.  

His fault was even more serious since he had been trained in weapon handling and had passed his exams at the police academy. 

A firearm is “dangerous”, said the court, adding that such weapon could easily kill, injure or maim.

The greater the danger, the greater the degree of diligence called for when handling such a weapon, the court went on, stating that there was “no excuse” and that Axiaq was to bear responsibility for the “crazy thing” he had done, which could have spelt the victim’s death. 

His argument that he had cocked the weapon when thinking that training was over was not supported by evidence and saying that the incident had happened during work was a feeble excuse that showed a serious lack of responsibility that no police officer should “remotely” exhibit. 

His superior, Ransley, had taken all necessary precautions and was to bear no responsibility for the “unexpected insubordination” by the officer under his charge. 

Likewise, the police commissioner had provided all necessary training and was to bear no responsibility for the incident. 

After taking note of reports by medical experts, the court concluded that the applicant had suffered a permanent debility of 5% and awarded him pecuniary damages of €10,119.30 payable solely by Axiaq. 

Lawyer Michael Tanti-Dougall assisted the applicant.