Former prison boss Alex Dalli testified that Kim Borg Nicolas Virtù, the inmate who died by suicide in 2021, appeared to be “on the right track” when she was placed inside a “multipurpose” cell after discharging herself from hospital.

A doctor had certified her as non-suicidal, he said on Thursday.

Borg Nicolas Virtù was found unconscious in her cell the following morning, on June 16, 2021, and died at Mater Dei Hospital on July 4.

Dalli stepped aside as head of prisons in November 2021 after a series of inmate suicides. The following month he was appointed as the government's special representative in Libya.

The cell was filthy, with urine and no water in the sink and toilet. It was not even fit for a dog- Family lawyer Rachel Tua

Dalli was testifying in the case against two former prison warders, Annabelle Cauchi, 52, and Alison Vassallo, 42, who are pleading not guilty to involuntary homicide and committing a crime they were duty bound to prevent.

He confirmed he had never received any complaints about either of the warders. Cauchi had been a senior officer at the Corradino Correctional Facility with a career spanning 30 years of service and her advice had often proved valuable.

He had listened to “lots of [recorded] telephone calls” between Borg Nicolas Virtù and her mother, where the inmate would urge her mum to “speak to Annabelle” to see to any particular request.

As for Vassallo, a sergeant major, Dalli recalled that she used to play volleyball with Kim.

“Whenever there was some argument with an inmate, it would not last long. Tomorrow is another day,” he added.

Dalli said Borg Nicolas Virtù had not been “on his radar” since she had not caused any extraordinary trouble. She had received “lots and lots of help” in jail and registered significant advances.

Substantial drop in methadone use

Her prison file showed a substantial drop in methadone dosage for her drug dependence, with levels decreasing from “40 to 14”.

She was also visiting psychologists and care plan coordinators, but it was not yet her turn to enter rehabilitation.

“She was really on the right track,” Dalli said.

While waiting for treatment in hospital, she suddenly got up and ran away but was caught by her guard in the hospital corridor.

Later that evening she discharged herself against doctors’ wishes and was escorted back to prison.

'Room not fit for a dog'

Her warders later told Dalli about the inmate’s allegedly “belligerent and arrogant” attitude.

Since that was during the COVID-19 pandemic, anyone returning from hospital was placed in isolation for a number of hours by way of a preventive measure.

“So was Kim put into that cell because of the yet-unconfirmed report of her attempted escape or for COVID reasons?” asked lawyer Rachel Tua, appearing for the family.

“Both,” replied Dalli.

The “emergency cell” was a “multipurpose room,” furnished only with a mattress which could be thrown away in case the inmate tested positive for COVID.

Kim’s guard was told to file a report about the attempted escape in hospital.

“Yet you locked her up. Perhaps she would not have done this had she not been locked in there,” remarked Tua, adding that the cell was filthy, with urine and no water in the sink and toilet.

“It was not even fit for a dog!” said the lawyer.

'Under my watch, prison smelt of cleanliness’

“On oath, I can confirm that that day I did not inspect the room. So I cannot say if it was spick and span. But under my watch, the prison smelt of cleanliness and during the COVID outbreak, the place was disinfected on a daily basis,” replied Dalli.

He said anyone placed inside that emergency cell was given water to flush the toilet. The reason why there was no running water was to avoid intentional flooding.

Sometimes, even a mattress had to be removed because “[inmates] would literally chew it up,” he said, describing a number of “common incidents” among inmates.

“Had I known what Kim was to do, I dare say that I would have left her without clothes,” he added.

The parte civile lawyer questioned why the victim was given non-tearable clothes that day.

Prison stores were closed at the time she was escorted back from hospital and they were the only clean clothes available at the time, Dalli said.

Asked about previous ‘superficial’ scratches on the victim’s hands, he said these had not been reported to him, unlike more serious cases of attempted self-harm which were reported “on the spot”.

A doctor had certified her as non-suicidal

Moreover, a doctor had certified her as non-suicidal.

Dalli went through Kim’s file later, even by way of “an examination of conscience to see if [they] could have done things better”.

Recalling the morning Kim was found unconscious, Dalli said he got to the cell within minutes of the discovery by a staff member who was so shocked that she had instinctively shut the door again and rushed away.

The victim was immediately administered CPR even before an emergency consultant and nurses arrived, since all prison officials were trained in first aid.

“Kim still showed signs of life.”

At one point, the victim’s father was asked to leave the court room after lawyer Mario Mifsud drew the court’s attention to “certain gestures” he had made in the direction of the defence lawyers.

Times of Malta was later informed that the lawyers had filed a police report about him.

Inspector Paul Camilleri prosecuted. Lawyers Mario Mifsud and Herman Mula were defence counsel. Lawyer Rachel Tua appeared parte civile.