The family of Richmond Tong, who died in police custody two weeks ago, want to know what led to his death and have asked the court to give them access to all documents and information emerging during the inquiry.
“We want to know what happened that night. He was my elder brother, and since he died we haven’t heard anything. Not even a phone call.
"We don’t know anything and it’s painful not knowing,” said his sister Maryjo Tong, insisting that her brother had no medical condition she was aware of.
Her brother Richmond – a 35-year-old from Mtarfa – died after he was found suffering from a seizure in his cell at the police headquarters on June 24 at 3.40am.
He had been arrested some hours previously on suspicion of possessing drugs, namely cocaine.
“At 5am that same day, just a few hours after he died, a police officer turned up at our mother’s house to tell us he died. But we heard nothing since,” she said, bursting into tears.
She said her family now had lots of unanswered questions but mainly what happened that night which led to the death.
In a statement released after Tong’s death, the police said 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 have now filed an application before Magistrate Josette Demicoli, who is holding the inquiry into his death. They are asking for immediate access to documents exhibited in the inquiry proceedings and information from police about the incident.
Legal sources said there does not seem to be anything specific in the law precluding victims from having access to acts of the inquiry, but in practice, most times such access is denied.
The Nationalist Party has 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.
A police spokesman said the usual protocol for detainees is for a “visual check” to be carried out for “any injuries and state of mind, amongst others”.
He said if anything untoward is noticed the person is immediately referred to either Floriana Health Centre or Mater Dei Hospital.
The detainee is also usually asked whether he or she is on any medicine and whether he or she wishes to see a doctor. A thorough search is done and any items that may cause injury are removed.
Tong’s family lawyer Franco Debono, a former Nationalist MP, said that while he did not wish to comment about the case, he had long been suggesting that the investigative (inquiries) and adjudicating (issuing judgments) roles of magistrates should be split. This would result in specialised inquiring magistrates and relieving adjudicating magistrates who already have an enormous workload of cases to hear and decide.
Debono, together with lawyers Amadeus Cachia and Daniel Buttigieg, filed the application on behalf of Tong’s family.