Two police officers charged over the death of Richmond Tong, who died in police custody after being stopped for a traffic infringement which triggered a drug investigation, were temporarily suspended from the corps weeks before facing charges in court.

That suspension was taken as a precautionary measure against Inspector Stacy Gatt, 28, and Sergeant Karl Nikolai Vella Cassia, 35, after the magistrate conducting the inquiry into the death of the 35-year-old Mtarfa man indicated that both officers possibly contributed to the incident. 

Tong suffered a seizure while under arrest at the Floriana lockup in June 2020, mere hours after some cannabis had been found inside his car when stopped by a traffic patrol in Rabat. 

The driver appeared to be “chewing something” and, when asked by RIU officers, he indicated a brown bag inside his car, saying, “like that”.

That bag turned out to contain cannabis.

After being ordered to follow them to the Rabat police station, the officers escorted Tong to the Floriana headquarters while investigations continued over the drug found in his possession.

But, soon after, in the early hours of June 24, the man was certified dead after suffering a seizure.

Inspector Gatt, though not present throughout the whole episode, had issued instructions for Tong’s arrest because the drug found in his possession allegedly exceeded legal limits. 

Sergeant Vella Cassia had escorted Tong from Rabat to Floriana.

A magisterial inquiry concluded that both officers possibly contributed to Tong’s death.

In April, Superintendent Victor Aquilina was instructed by his superiors to join the investigation which had then reached its final stages.

Since Gatt was an inspector, the investigation had to be handled by a higher-ranked officer, explained Aquilina when testifying on Thursday.

After obtaining a copy of the testimonies given before the inquiring magistrate, Aquilina questioned both Gatt and Vella Cassia whose audio-visual statements were taken at police headquarters.

Both officers stuck to the version they had originally supplied in the magisterial inquiry. 

With all evidence in hand, Aquilina and Inspector Daryl Borg, from the Valletta police station, headed back to the Attorney General’s Office for advice on the way forward. 

And that advice led to criminal charges being filed against both officers. 

On June 9, Gatt and Vella Cassia received a letter whereby they were informed that they were being temporarily suspended from the corps as a “precautionary” measure and with immediate effect. 

Asked by parte civile lawyer Franco Debono to explain the facts leading to the proceedings, Aquilina stressed that he was not involved at inquiry stage and had only joined police investigations in the final phase.

His focus lay on Gatt’s testimony who stuck to her original version.

“She had nothing to change,” said the witness.

Under cross examination by Gatt’s lawyer Giannella de Marco, Aquilina confirmed that Gatt was not the one who had carried out Tong’s arrest.

Asked about the drug found inside the victim’s car, the superintendent said the inquiry had identified it as cannabis. 

As for the time that lapsed between Tong’s arrest and his arrival at the lockup, Aquilina reckoned that it was “an hour, two hours. Something like that. Certainly no longer”.

Questioned further, he explained that according to what he had read in the records of the inquiry, an RIU officer had seen Tong pop something into his mouth.

That officer told the sergeant about this.

“Listen, he [Tong] might have swallowed something,” said Aquilina, recalling what he had read.

“But I wasn’t there.”

However, Gatt had told him that at no time had the victim said that he was unwell or that he needed medical assistance.

At no time was Gatt informed of such facts.

As for Vella Cassia, he too stuck to his original version. 

Asked by Vella Cassia’s lawyer, Joe Giglio, the witness confirmed that the sergeant had told him how he waited at the lockup in case he received instructions to escort Tong to the health centre.

Asked whether there were any guidelines as to what was to be done when a person was escorted to a health centre while under arrest, Aquilina could not recall offhand but insisted that all necessary precautions were to be taken to ensure the safety of those in custody.

“Is it possible that there are no protocols or guidelines on how to deal with such situations,” insisted Giglio.

“Offhand I don’t know. Perhaps we could check whether there were any circulars from HR. But there is no need for guidelines when there is doubt as to whether a person has done something wrong. In my 29 years of service, I always took precautions,” concluded Aquilina. 

The case continues in October.

Magistrate Doreen Clarke is presiding over the case.